THE  ILLINOIS  SCHOOL  LAW. 


AN  ACT 


TO  ESTABLISH  AND  MAINTAIN  A SYSTEM  OP 


FREE  SCHOOLS, 

APPROVED  APRIL  1,  1872. 


INCLUDING  THE  LATEST  AMENDMENTS. 

1872-1874 


SPRINGFIELD : 

ILLINOIS  JOURNAL  PRINTING  OFFICE. 
1874. 


Digitized  by  the  Internet  Archive 
in  2017  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/illinoisschoolla00illi_1 


hi  <\ 


TABLE  OF  CONTENTS. 


i 


PAGE 

STATE  SUPERINTENDENT  OE  PUBLIC  INSTRUCTION 1 

Election  and  duties 1 

Report  to  Governor 2 

To  make  rules  and  regulations 2 

Legal  adviser  of  school  officers 3 

Compensation 3 

COUNTY  SUPERINTENDENTS  OE  SCHOOLS 3 

Their  election 3 

Liability  to  removal 4 

Distribution  of  funds 5 

Report  to  State  Superintendent 5 

Educational  duties 6 

TRUSTEES  OF  SCHOOLS 7 

Manner  of  election 7 

Semi-annual  meetings 10 

Change  of  district  boundaries 10 

Division  of  funds  and  property 11 

Distribution  of  funds 12 

Establishment  of  high  schools 13 

Report  to  county  superintendent 13 

Custody  and  use  of  school  houses 15 

SCHOOL  DIRECTORS 16 

When  and  how  elected 16 

Authorized  to  levy  taxes 18 

Certificate  of  amount  required 18 

Computation,  assessment  and  levy  of  taxes 18 

Borrowing  money  for  building  purposes 20 

General  powers  and  duties 20 

JUDGMENTS  AND  EXECUTIONS  AGANST  TRUSTEES  AND  DIRECTORS 21 

Enforcement  by  attachment  or  mandamus . 21 

PUBLIC  SCHOOL  TEACHERS , ....21 

Examination  and  qualification 21 

State  certificates 22 

Duties  of  teachers 23 

Form  of  certificate 22 

Schedules  payable  monthly 25 

Interest  on  unpaid  schedules 25 

TOWNSHIP  TREASURER 25 

Form  and  security  of  bond 26 

Manner  of  loaning  funds 27 

Form  of  mortgage 28 

Additional  security  to  be  given 38 

Default  in  payment  of  interest  or  principal 39 

Semi-annual  statement  to  trustees 39 

Settlements  with  boards  of  directors 39 

TOWNSHIP  AND  COUNTY  SCHOOL  FUNDS 30 

Principal  to  remain  intact 30 

Interest  to  be  distributed 30 

Form  of  order  on  treasurer 31 

COMMON  SCHOOL  FUNDS 31 

What  shall  constitute 31 

Distribution  by  Auditor 31 


780510 


IV 


CONTENTS, 


PAGE. 


COMPENSATION  OF  SCHOOL  OFFICERS 32 

Collectors  of  two-mill  tax. 32 

County  superintendents  of  schools 32 

Township  treasurers 32 

Clerks  of  boards  of  directors 17 

LIABILITIES  OF  SCHOOL  OFFICERS 33 

Conversion  of  funds  to  private  use 33 

Insufficiency  of  securities 33 

Payment  of  legal  claims  and  demands 33 

Omission  of  duty 33 

Losses  of  school  funds 34 

Use  of  funds  oiMproperty  for  sectarian  purposes 34 

Dealing  in  books  and  apparatus 34 

CITIES  AND  ?^BrPOKATED  TOWNS...! 35 

Special  acts  not  affected 35 

Reports  to  be  made 35 

Boards  of  Education 36 

Powers  of  Boards  of  Education 36 

Organization  under  general  school  law 38 

Cities  of  over  one  hundred  thousand  inhabitants 38 

Board  to  consist  or  fifteen  members 40 

COMMON  SCHOOL  ,LANDS 41 

The  school  section 41 

Trespass  on  school  lands . 41 

Sale  of  school  lands 42 

Fractional  townships 43 

ACTS  REPEALED 46 


APPENDIX. 


PAGE. 


State  Normal  University 47 

Southern  HI.  Normal  University 50 

County  Normal  Schools 54 

Woman  as  School  Officers 56 

Rights  of  Colored  Children 56 


TO  ESTABLISH  AND  MAINTAIN  A SYSTEM  OE 


FREE  SCHOOLS. 

♦ 


Section  1 . Be  it  enacted  by  the  People  of  the  State  of 
Illinois , represented  in  the  General  Assembly  : 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION — HIS 
ELECTION  AND  DUTIES. 

That  at  the  election  to  be  held,  on  Tuesday  after  the  first  Time  of  election 
Monday  of  November,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  seventy-four,  and  quadrennially  there-* 
after,  there  shall  be  elected,  by  the  legal  voters  of  this 
state,  a state  superintendent  of  public  instruction,  who 
shall  hold  his  office  for  four  years  from  the  second  Monday 
in  J anuary  ne^t  after  his  election,  and  until  his  successor 
is  duly  elected  and  qualified. 

§ 2.  Before  entering  upon  his  duties  he  shall  take  and  oath  and  bond, 
subscribe  the  oath  of  office  prescribed  by  the  constitution, 
and  shall  also  execute  a bond,  in  the  penalty  of  twenty-five 
thousand  dollars,  payable  to  the  state  of  Illinois,  with  secu- 
rities to  be  approved  by  the  governor,  conditioned  for  the 
prompt  discharge  of  his  duties  as  superintendent  of  public 
instruction,  and  for  the  faithful  application  and  disposition, 
according  to  law,  of  all  school  moneys  that  may  come  into 
his  hands  by  virtue  of  his  office  Said  bond  and  oath  shall 
be  deposited  with  the  secretary  of  state,  and  an  action  may 
be  maintained  thereon  by  the  state,  at  any  time,  for  a 
breach  of  the  conditions  thereof. 

§ 3.  It  shall  be  his  duty  to  keep  an  office  at  the  seat  of  ne^of  Te^fn 
government  of  the  state,  and  to  file  all  papers,  reports  and  office^  eel>1DS 
public  documents  transmitted  to  him  by  the  school  officers 
of  the  several  counties,  each  year  separately,  and  to  keep 
and  preserve  all  other  public  documents,  books  and  papers 
relative  to  schools,  coming  into  his  hands  as  state  superin- 
tendent, and  to  hold  the  same  in  readiness  to  be  exhibited 
to  the  governor,  or  to  any  committee  of  either  house  of  the 
general  assembly $ and  shall  keep  a fair  record  of  all  matters 
pertaining  to  the  business  of  his  office. 

—1 


2 


Adviser 
county  superi 
tendents, 


ft 


§ 4.  He  shall,  without  delay,  pay  over  all  sums  of  money 
which  may  come  into  his  hands  by  virtue  of  his  office,  to 
the  officer  or  person  entitled  to  receive  the  same,  in  such 
manner  as  may  be  prescribed  by  law. 

§ 5.  He  shall  counsel  and  advise,  in  such  manner  as  he 
may  deem  most  advisable,  with  experienced  and  practical 
school  teachers,  as  to  the  best  manner  of  conducting  com- 
n schools. 

6.  Said  superintendent  shall  have  the  supervision  of 
he  common  and  public  schools  in  the  state,  and  shall 
e the  general  adviser  and  assistant  of  county  superinten- 
dents of  schools  in  this  state ; he  shall  from  time  to  time, 
as  he  shall  deem  for  the  interests  of  schools,  address  circu- 
lar letters  to  said  supei  in  tendents,  giving  advice  as  to  the 
best  manner  of  conducting  schools,  constructing  school 
hdftses,  furnishing  the  same,  examining  and  procuring  com- 
petent teachers. 

©mor.orttos°v’  § 7.  Said  state  superintendent  shall,  on  or  before  the 
fifteenth  day  of  December  preceding  each  regular  session 
of  the  general  assembly,  report  to  the  governor  the  condi- 
tion of  the  schools  in  the  several  counties  of  the  state,  the 
whole  number  of  schools  which  have  been  taught  in  each 
county  in  each  of  the  preceding  years,  commencing  on  the 
first  of  October;  what  part  of  said  number  have  been 
taught  by  males  exclusively,  and  what  part  by  females  ex- 
clusively ; what  part  of*  said  whole  number  have  been 
• taught  by  males  and  females  at  the  same  time,  and  what 
part  by  males  and  females  at  different  periods ; the  number 
of  scholars  in  attendance  at  said  schools ; the  number  of 
persons  in  each  county  under  twenty-one  years  of  age,  and 
the  number  of  such  persons  between  the  ages  of  twelve  and 
twenty-one  years  that  are  unable  to  read  and  write;  the 
amount  of  township  and  county  funds  ; the  amount  of  the 
interest  of  the  state  or  common  school  fund,  and  of  the  in- 
terest of  the  township  and  of  the  county  fund  annually 
paid  out;  the  amount  raised  by  an  ad  valorem  tax;  the 
whole  amount  annually  expended  for  schools ; the  number 
of  school  houses,  their  kind  and  condition ; the  number  of 
townships  and  parts  of  townships  in  each  county ; the  num- 
ber and  description  of  books  and  apparatus  purchased  for 
the  use  of  schools  and  school  libraries  under  the  provisions 
of  this  act,  the  price  paid  for  the  same,  and  total  amount 
purchased,  and  what  quantity  and  how  distributed ; and 
the  number  and  condition  of  the  libraries,  together  with 
such  other  information  and  suggestions  as  he  may  deem 
important  in  relation  to  the  school  laws,  schools,  and  the 
means  of  promoting  education  throughout  the  state ; which 
report  shall  be  laid  before  the  general  assembly  at  each 
regular  session. 

§ 8.  The  said  state  superintendent  of  public  instruction 
shall  make  such  rules  and  regulations  as  may  be  necessary 
and  expedient  to  carry  into  efficient  and  uniform  effect  the 
provisions  of  this  act,  and  of  all  the  laws  which  now  are  or 
may  hereafter  be  in  force  for  establishing  and  maintaining 


3 


free  schools  in  this  state ; and  shall  be  the  legal  adviser  of 
all  school  officers,  and  when  requested  by  any  such  school 
officer,  shall  give  his  opinion  in  writing  upon  any  question 
arising  under  the  school  laws  of  this  state. 

§ 9.  The  said  state  superintendent  shall  have  power  to 
direct  and  cause  the  county  superintendent  of  any  county, 
directors  or  boards  of  trustees  or  township  treasurer  of  any 
township,  or  other  school  officer,  to  withhold  from  any  offi- 
cer, township,  district  or  teacher,  any  part  of  the  coming 
school,  or  township,  or  other  school  fund,  until  such  offic® 
township  treasurer  or  teacher  shall  have  made  all  schedule^ 
reports  and  returns  required  of  him  by  this  act,  and  until 
such  officer  shall  have  executed  and  filed  all  official  bonds 
and  accounted  for  all  common  school  or  township  or  other 
school  funds  which  have  heretofore  come  into  his  hands,  as 
required  of  him  by  this  act. 

§ 10.  And  the  said  state  superintendent  shall  receive 
annually  such  sum  as  may  be  provided  by  law,  as  a salary 
\ for  the  services  required  under  the  provisions  of  this  act, 
or  any  other  law  that  may  be  passed,  and  also  all  necessary 
contingent  expenses,  for  books,  postage  and  stationery  per- 
taining to  his  office — to  be  audited  and  paid  by  the  state, 
as  the  salaries  and  contingent  expenses  of  other  officers  are 
paid. 

COUNTY  SUPERINTENDENTS^-THEIR  ELECTION  AND 
DUTIES. 

§ 11.  On  the  Tuesday  next  after  the  first  Monday  in 
November,  one  thousand  eight  hundred  and  seventy-three, 
and  every  four  years  thereafter,  there  shall  be  elected  by 
the  qualified  voters  of  every  county  in  this  state,  a county 
superintendent  of  schools,  who  shall  perform  the  duties  re- 
quired by  law.  He  shall,  before  entering  upon  his  duties, 
take  the  oath  prescribed  by  the  constitution,  and  execute  a 
bond,  payable  to  the  state  of  Illinois,  with  two  or  more  re- 
sponsible freeholders  as  security,  to  be  approved  by  the 
county  board,  or  judge  and  clerk  of  the  county  court,  in 
penalty  of  not  less  than  twelve  thousand  dollars,  to  be  in- 
creased at  the  discretion  of  said  board,  conditioned  that  he 
will  faithfully  perform  all  the  duties  of  his  office  according 
to  the  laws  which  are  or  may  be  in  force ; byr  which  bond 
the  obligors  shall  be  bound  jointly  and  severally,  and  upon 
which  an  action  or  actions  may  be  maintained  by  the  board 
of  trustees  of  the  proper  township,  for  the  benefit  of  any 
township  or  fund  injured  by  any  breach  thereof ; and  joint 
action  may  be  had  for  two  or  more  funds. 

§ 12.  The  bond  required  in  the  foregoing  section  shall 
be  in  the  following  form,  viz : 

State  of  Illinois,  1 

County.  S 88' 

Know  all  men  by  these  presents,  that  we,  A B,  C D and  E F,  are  held  and  firmly 
hound,  jointly  and  severally,  unto  the  People  of  the  State  of  IlMnois,  in  the  penal 
sum  of dollars,  to  the  payment  of  which  wo  bind  ourselves,  our  heirs,  ex- 

ecutors and  administrators,  firmly  by  these  presents. 

In  witness  whereof  we  ha  ve  hereunto  set  our  bauds  and  seals,  this day  of 

.A.D.18.. 


To  be  legal  ad- 
viser of  school 
officers. 


May  cause 
funds  to  be 
withheld. 


Salary  and  of- 
fice expenses. 


Election. 


Oath  and  bond. 


Form  of  bond* 


4 


The  cbndition  of  the  above  obligation  is  such  that  if  the  above  bounden  A B, 
county  superintendent  of  the  county  aforesaid,  shall  faithfully  discharge  all  the  du- 
ties of  said  office,  according  to  the  laws  which  now  are  or  may  hereafter  be  in  force, 
und  shall  deliver  over  to  his  successor  in  office  all  moneys,  books,  papers  and  prop- 
erty in  his  hands,  as  such  county  superintendent,  then  this  obligation  to  be  void ; 
otherwise  to  remain  in  full  force  and  virtue. 

A B,  [SEAL.] 

C D,  [seal.] 

E E [seal.] 

And  which  bond  shall  be  filed  in  the  office  of  the  county 
clerk. 


Vacancies. 


intend en pliable  13.  The  said  superintendent  shall  be  liable  to  removal 

to  removal.  b$  the  county  board  for  any  palpable  violation  of  law  or 
omission  of  duty  ; and  if  a majority  of  said  board  shall  at 
Supervisors  any  time  be  satisfiedthat  his  bond  is  insufficient,  it  shall  be 
may  require  a ^ duty,  on  notice,  to  execute  a new  bond,  to  be  payable, 
conditioned  and  approved  as  the  first  bond,  the  execution 
of  which  shall  not  affect  the  old  bond,  or  the  liability  of 
the  security  thereof ; and  when  the  office  of  county  super- 
intendent shall  become  vacant  by  death,  resignation  or 
otherwise,  the  county  board  shall  fill  the  same  by  appoint- 
ment, and  the  person  so  appointed  shall  hold  his  office  until 
the  next  election  of  county  officers,  at  which  election  the 
county  board  shall  order  the  election  of  a successor. 

Books  required  § 14.  The  said  superintendent  shall  provide  three  well 
to  be  kept.  bound  books,  to  be  known  and  designated  by  the  letters  A, 
B,  0,  for  the  following  purpose : In  book  A,  he  shall  re- 
cord, at  length,  all  petitions  presented  to  him  for  the  sale 
of  common  school  lands,  and  the  plats  and  certificates  of 
valuation  made  by  or  under  the  direction  of  the  trustees  of 
schools,  and  the  affidavits  in  relation  to  the  same.  In  book 
B,  he  shall  keep  an  account  of  all  sales  of  common  school 
lands ; which  account  shall  contain  the  date  of  sale,  name 
of  purchaser,  description  of  land  sold,  and  the  sum  sold 
for.  In  book  0,  he  shall  keep  a regular  account  of  all 
moneys  received  for  lands  sold,  or  otherwise,  and  loaned  or 
paid  out  $ the  person  of  whom  received,  and  on  what  ac- 
count, and  showing  whether  it  is  principal  or  interest ; the 
person  to  whom  loaned,  the  time  for  which  the  loan  was 
made,  the  rate  of  interest,  the  names  of  the  securities, 
when  personal  security  is  taken,  or,  if  real  estate  is  taken 
as  security,  a description  of  said  real  estate,  and  if  paid 
out,  to  whom,  when,  and  on  what  account,  and  the  amount 
paid  out $ the  list  of  sales  and  the  accounts  of  each  town- 
ship fund  to  be  kept  separate.  Said  books  shall  be  paid 
for  out  of  the  county  treasury  of  the  counties  in  which  they 
are  used. 

bond ^of 3 npon  § 15*  Whenever  the  bond  of  any  township  treasurer, 
ship  treasurer?  approved  by  the  board  of  trustees  of  schools,  as  required 
by  law,  shall  be  delivered  to  the  county  superintendent,  he 
’ shall  carefully  examine  the  same,  and  if  the  instrument  is 
found  to  be  in  all  respects  according  to  law,  and  the  securi- 
ties good  and  sufficient,  he  shall  indorse  his  approval  there- 
on, and  file  the  same  with  the  papers  of  his  office ; but  if 
said  bond  is  in  any  respect  defective,  he  shall  return  it  for 
correction.  When  the  bond  shall  have  been  duly  received 
and  filed,  the  superintendent  shall,  ou  demand,  deliver  to 
said  township  treasurer  all  moneys,  bonds,  mortgages,  notes 


5 


and  securities,  and  all  papers  of  every  description  belong- 
ing to  said  township ; and  the  said  township  treasurer  shall 
receipt  for  the  same,  which  receipt  shall  be  carefully  filed 
and  preserved  by  the  county  superintendent,  and  shall  be 
evidence  of  the  fact  therein  stated. 

§ 16.  Upon  the  receipt  of  the  amount  due  upon  the  audi-  t^ppo^™ent 
tor’s  warrant,  the  county  superintendent  shall  apportion  0 owns  ips* 
said  amount  to  the  several  townsnips  and  parts  of  town- 
ships in  his  county,  in  which  townships  or  parts  of  town- 
ships schools  have  been  kept  in  accordance  with  the  prb- 
visions  of  this  act  and  with  the  instructions  of  the  state 
and  county  superintendent,  according  to  the  number  of 
children,  under  twenty-one  years  of  age,  returned  to  him, 
and  shall  pay  over  the  distributive  share  belonging  to  each  ' 
township  and  fractional  township,  to  the  respective  town- 
ship treasurers,  or  other  authorized  person,  annually  : Pro- 
vided, that  no  part  of  the  state,  county,  or  other  school  fund 
shall  be  paid  to  any  township  treasurer,  or  other  person  Funds  not  to 
\ authorized  by  said  treasurer,  unless  said  township  treasurer  be  paid tm  bond 
has  filed  his  bond,  as  required  by  the  fifty-fifth  section  0flsfiled‘ 
this  act,  nor  in  case  said  treasurer  is  reappointed  by  the 
trustees,  unless  he  shall  have  renewed  his  bond  and  filed 
the  same  as  aforesaid. 

§ 17.  On  or  before  the  first  Monday  of  November  before  Report  to  state 
each  regular  session  of  the  general  assembly,  or  annually,  suPermtendent* 
if  so  required  by  the  state  superintendent,  the  county  su- 
perintendent shall  communicate  to  said  state  superinten- 
dent all  such  information  and  statistics  upon  the  subject  of 
schools  in  his  county  as  the  said  state  superintendent  is 
l bound  to  embody  in  his  report  to  the  governor,  and  such 

other  information  as  the  state  superintendent  shall  require;  Liable  re 
and  any  county  superintendent  so  failing  or  refusing  to  re-  movai. 6 0 r ' 
port,  shall  be  liable  to  removal  by  the  county  board  for  such 
neglect  of  duty. 

§ 18.  The  county  superintendent,  upon  his  removal  or 
resignation,  or  at  the  expiration  of  his  term  of  service,  (or 
in  case  of  his  death,  his  representatives,)  shall  deliver  over 
to  his  successor  in  office,  on  demand,  all  moneys,  books, 
papers  and  personal  property  belonging  to  tae  office,  or 
subject  to  the  control  or  disposition  of  the  county  superin- 
tendent. 

v § 19.  The  county  superintendent  may  loan  any  money,  To  loan  county 

not  interest,  belonging  to  the  county  fund,  before  the  same  fund‘ 
is  called  for,  according  to  law,  by  the  township  treasurer, 
at  the  same  rate  of  interest,  upon  the  same  security  and  for 
the  same  length  of  time  as  is  provided  by  this  act  in  rela- 
tion to  the  township  treasurers,  and  apportion  the  interest 
as  provided  in  section  sixteen  of  this  act;  and  notes  and  t^®J®stappor' 
mortgages  taken  in  the  name  of  the  “county  superintend- 
ent” of  the  proper  county,  are  hereby  declared  to  be  as  valid 
as  if  taken  in  the  name  of  “trustees  of  schools”  of  the  proper  ^tesaMmort- 
township,  and  suits  may  be  brought  in  the  name  of  “county  v.  r. 
superintendents,”  on  all  notes  and  mortgages  heretofore  or 
hereafter  made  payable  to  the  county  superinten dents. 


6 


g™°n  of  § 20.  It  shall  be  the  duty  of  the  county  superintendent, 
c oo  s.  if  so  directed  by  the  county  board,  to  visit,  at  least  once  in 
each  year,  every  school  in  his  county,  and  to  note  the 
methods  of  instruction,  the  branches  taught,  the  text  books 
used,  and  the  discipline,  government  and  general  condition 
Official  adviser.  0f  the  schools.  He  shall  give  such  directions  in  the  science, 
art  and  methods  of  teaching  as  he  may  deem  expedient  and 
necessary,  and  shall  be  the  official  adviser  and  constant 
assistant  of  the  school  officers  and  teachers  of  his  county, 
and  shall  faithfully  carry  out  the  advice  and  instructions  of 
the  State  superintendent.  He  shall  encourage  the  forma- 
tion and  assist  in  the  management  of  county  teachers7  in- 
stitutes, and  labor  in  every  practicable  way  to  elevate  the 
standarcl  of  teaching,  and  improve  the  condition  of  the  com- 
controversies mon  schools  of  his  county.  In  all  controversies  arising 
—appeal.  under  the  school  law,  the  opinion  and  advice  of  the  county 
superintendent  shall  first  be  sought,  whence  appeal  may  be 
taken  to  the  state  superintendent,  upon  a written  statement 
of  facts,  certified  by  the  county  superintendent. 

Failure  of  trus-  § 21.  In  all  cases  where  the  township  board  of  trustees 
tees  to  furnish  of  any  township  shall  fail  to  prepare  and  forward,  or  cause 
statistics.  f0  pe  prepared  and  forwarded,  to  the  county  superintendent, 
the  information  and  statistics  required  of  them  in  this  act, 
county  super-  it  shall  be  the  duty  of  said  county  superintendent  to  employ 
ime»ffiena  com* a competent  person  to  take  the  enumeration  and  furnish 
pSten°typersonm  said  statistical  statement  as  far  as  practicable,  to  the  super- 
intendent ; and  said  person  so  employed  shall  have  free 
access  to  the  books  and  papers  of  said  township,  to  enable 
him  to  make  such  statement;  and  the  township  treasurer,  or 
other  officer  or  person  in  whose  custody  such  books  and 
papers  may  be,  shall  permit  said  person  to  examine  such 
books  and  papers,  at  such  times  and  places  as  such  person 
may  desire  for  the  purposes  aforesaid ; and  the  said  county 
superintendent  shall  allow,  and  pay  to  the  person  so  em- 
ployed by  him,  for  the  services,  such  amount  as  he  may 
judge  reasonable,  out  of  any  money  which  is  or  may  come 
into  said  superintendent’s  hands,  apportioned  as  the  share 
of,  or  belonging  to  such  township ; and  the  said  county 
superintendent  shall  proceed  to  recover  and  collect  the 
amount  so  allowed  or  paid  for  such  services,  in  a civil  action 
before  any  justice  of  the  peace  in  the  county,  or  before  any 
suit  ao-amst cour^  having  jurisdiction,  in  the  name  of  the  People  of  the 
the  trustees  as  State  of  Illinois,  of  and  against  the  trustees  of  schools  of 
individuals.  sajq  township,  in  their  individual  capacity ; and  in  such  suit 
or  suits  the  said  county  superintendent  and  township  trea- 
surer shall  be  competent  witnesses ; and  the  money  so 
recovered,  when  collected,  shall  be  paid  over  to  the  county 
superintendent  for  the  benefit  of  said  township,  to  replace 
the  money  taken  as  aforesaid. 

§ 22.  When  any  real  estate  shall  have  been  taken  for 
debts  due  to  any  school  fund,  the  title  to  which  real  estate 
has  become  vested  in  any  county  superintendent,  or  trus- 
tees of  schools,  for  the  use  of  the  inhabitants  of  one  or  more 
townships,  the  county  superintendent,  or  trustees  of  schools, 


May  re-sell  real 


7 


may  re-sell  such  real  estate  for  the  benefit  of  said  township 
or  townships,  under  the  provisions  of  this  act  regulating  the 
sale  of  the  common  school  lands,  and  the  said  superintend- 
ent, or  trustees  of  schools,  is  hereby  authorized  to  execute 
conveyances  to  purchasers. 

TOWNSHIPS — TRUSTEES  OF  SCHOOLS. 

§ 23.  Each  congressional  township  is  hereby  established  shfch°o1  town- 
a township  for  school  purposes,  but  when  any  fractional b ip’ 
township  contains  less  than  forty  persons  under  twenty-one 
years  of  age,  the  trustees  thereof,  upon  petition  of  a ma- 
jority of  the  inhabitants  of  such  fractional  township,  may,  by 
written  agreement  entered  into  with  the  board  of  trustees  of 
any  adjacent  township,  consolidate  the  territory,  school  Fractional 
funds  and  other  property  of  such  fractional  township  with  Consolidated 
such  adjacent  township,  and  thereafter  shall  cease  to  exer- 
cise the  functions  of  school  trustees  for  such  fractional 
township  ; and  such  territory,  school  funds  and  other  prop- 
erty aforesaid  shall  thereafter  be  managed  by  the  board  of 
trustees  of  the  adjacent  and  consolidated  township,  in  ac- 
cordance with  the  terms  of  agreement  aforesaid,  in  the  same 
manner  as  is  or  maybe  provided  bylaw  for  the  management 
of  the  territory,  funds  and  other  property  of  school  town- 
ships. The  business  of  the  township  shall  be  done  by  three  Trustees  a 
trustees,  to  be  elected  by  the  legal  voters  of  the  township,  body  r°litic- 
who,  upon  their  election,  as  hereinafter  provided,  shall  be  a 
body  politic  and  corporate,  by  /the  name  and  style  of  “Trus- 
tees of  Schools  of  Township , Range /’according  to 

the  number.  The  said  corporation  shall  have  perpetual  ex- 
istence ; shall  have  power  to  sue  and  be  sued,  to  plead  and 
be  impleaded  in  all  courts  and  places  where  judicial  pro- 
ceedings are  had.  Said  trustees  shall  continue  in  office  Term  of  office, 
three  years,  and  until  others  are  elected  and  enter  upon  the 
duties  of  their  office.  At  the  first  regular  election  of  trus- 
tees, after  the  passage  of  this  act,  a successor  to  the  trustee 
whose  term  of  office  then  expires  shall  be  elected,  and  there- 
after one  trustee  shall  be  elected  annually. 

§ 24.  No  person  shall  be  eligible  to  the  office  of  trustee  Age  and  resi- 
of  schools,  uidess  twenty-one  years  of  age,  and  a resident  dence‘ 
of  the  township. 

§ 25.  The  election  of  trustees  of  schools  shall  be  on  the  Election, 
second  Saturday  in  April,  annually;  but  in  townships  where 
such  election  has  not  been  heretofore  had,  or  where  there 
are  no  trustees  of  schools,  the  election  of  trustees  of  schools 
may  be  holden  on  any  Saturday,  notice  being  given  as 
hereinafter  in  this  section  required.  The  first  election  shall 
be  ordered,  if  in  townships  already  incorporated,  by  the 
trustees  of  schools  of  the  township,  the  township  treasurer 
giving  notice  of  the  time  and  place  by  posting  notices  of  the 
same  at  least  ten  days  previous  to  the  day  of  election,  in  not 
less  than  five  of  the  most  public  places  in  the  township.  If 
there  are  no  trustees  of  schools  in  a township,  the  county 
clerk  shall  cause  the  notice  to  be  given  as  aforesaid,  and 


8 


in  such  case  the  trustees  elected  at  their  first  meeting  shall 
draw  lots  for  their  respective  terms  of  office  for  one,  two 
and  three  years,  and  thereafter  one  trustee  shall  be  elected, 
annually,  to  fill  the  vacancy  occurring.  For  all  subsequent 
elections,  the  like  notices  shall  be  given  by  the  trustees  of 
judges  may  schools  through  the  township  treasurer : Provided,  that  if, 
tion.  upon  any  day  appointed  as  aforesaid,  tor  election  aforesaid, 

the  said  trustees  of  schools,  or  judges,  shall  be  of  opinion 
that,  on  account  of  the  small  attendance  of  voters,  the  public 
good  requires  it,  or  if  the  voters  present,  or  a majority  of 
them  shall  desire  it,  they  shall  postpone  said  election  until 
the  next  Saturday,  and  at  the  same  place  and  hour  ; at 
which  meeting  the  voters  shall  proceed  as  if  it  were  not  a 
postponed  or  adjourned  meeting : And , provided , also , that 
if  notice  shall  not  have  been  given  as  above  required,  then, 
Election  on  an  an(l  *n  ^at  case,  said  election  may  be  ordered  as  aforesaid, 
Saturday.  y and  holden  on  the  first  Saturday  in  May,  or  any  other 
Saturday $ notice  thereof  being  given  as  aforesaid:  And, 
provided , also , that  if  the  township  treasurer  shall  fail  or 
refuse  to  give  notice  of  the  regular  election  of  trustees,  as 
aforesaid,  and  if,  in  case  of  a vacancy,  the  remaning  trustee 
or  trustees  shall  fail  or  refuse  to  order  an  election  to  fill  such 
vacancy,  as  required  in  section  twenty-nine  of  this  act,  then, 
County  super-  and  in  each  case,  it  shall  be  the  duty  of  the  county  superin- 
der  election.  °r  tendent  to  order  an  election  of  trustees  to  fill  such  vacan- 
cies, as  aforesaid ; and  all  elections  so  ordered  and  held  shall 
be  valid  to  all  intents  and  purposes  whatever. 
tk>ndges  °f  elec*  § 26*  The  trustees  of  schools  of  incorporared  townships, 
present,  shall  act  as  judges,  and  choose  a person  to  act  as 
clerk  of  said  election.  If  said  trustees  (or  any  of  them) 
shall  fail  to  attend,  or  refuse  to  act  when  present,  the  elec- 
tors present  shall  choose  from  their  own  number  such  ad- 
ditional judges  as  may  be  necessary $ and  in  townships 
unincorporated,  the  qualified  voters  present  shall  choose 
from  amongst  themselves  the  number  of  judges  required  to 
open  and  conduct  said  election. 

Conduct  of  § 2 i . The  time  and  manner  of  opening,  conducting  and 
elections.  closing  said  election,  and  the  several  liabilities  appertaining 
to  the  judges  and  clerks,  and  to  the  voters  separately  and 
Contesting  collectively,  and  the  manner  of  contesting  said  elections, 
elections.  shall  be  the  same  as  prescribed  by  the  general  election  laws 
of  this  state  defining  the  manner  of  electing  magistrates 
and  constables,  so  far  as  applicable,  subject  to  the  provisions 
Polls  may  be  of  this  act:  Provided , that  said  election  may  commence,  if 
o’clock  p!  M?ur  so  specified  in  the  notice,  at  any  hour  between  the  hours  of 
eight  A.  M.  and  one  P.  M.,  and  the  judges  may  close  such 
Election  0f  election  at  four  P.  M.:  And,  provided,  further,  that  in 
towTmeetin1116  counties  adopting  township  organization,  in  each  and  every 
own  meeting.  ^ownsj1jp  w]20se  boundaries  coincide  and  are  identical  with 

those  of  the  town,  as  established  under  the  township  organi- 
zation laws,  the  trustee  or  trustees  shall  be  elected  at  the 
same  time  aud  in  the  same  manner  as  the  town  officers ; 
and  all  elections  heretofore  held  at  such  time  and  in  such 
manner  in  such  townships,  are  hereby  legalized.  And  in 


9 


all  such  townships,  if  no  trustees  are  elected  at  the  stated 
town  meeting,  and  when  vacancies  occur  in  the  board,  an 
election  of  trustee  or  trustees  shall  be  ordered  by  the  trus- 
tees of  schools,  through  the  township  treasurer,  as  provided 
in  the  twenty-fifth  section  of  this  act. 

§ 28.  No  person  shall  vote  at  said  election,  nor  at  any  ofQ^flgcations 
other  election  held  in  pursuance  of  the  provisions  of  this  0 v0  ers‘ 
act,  unless  he  possesses  the  qualifications  of  a voter  at  a 
general  election.  In  case  ot  a tie  at  such  election,  it  shall 
be  determined  by  lot,  on  the  day  of  election,  by  the  judges 
thereof. 

§ 29.  When  a vacancy  or  vacancies  shall  occur  in  the  vacancies, 
board  of  trustees  of  schools,  the  remaining  trustee  or  trus- 
tees shall  order  an  election  to  fill  such  vacancy,  upon  any 
Saturday,  notice  to  be  given  as  required  in  section  twenty- 
five  hereof. 

§ 30.  Upon  the  election  of  trustees  of  schools,  the  p0n.book. 
judges  of  the  election  shall,  within  ten  days  thereafter,  cause 
N a copy  of  the  poll-book  of  said  election  to  be  delivered  to 
the  county  superintendent  of  the  county,  with  a certificate 
thereon,  showing  the  election  of  said  trustees  and  names  of 
the  persons  elected ; which  copy  of  the  poll-book,  with  the 
certificate,  shall  be  filed  by  said  superintendent,  and  shall 
be  evidence  of  such  election.  For  failure  to  deliver  such  Failure  to  de- 
copy of  poll-book  and  certificate  within  the  time  prescribed,.  1WerPoll'book- 
the  judges  shall  be  liable  to  a penalty  of  not  less  than 
twenty -five  nor  more  than  one  hundred  dollars,  to  be  re- 
covered, in  the  name  of  the  People  of  the  State  of  Illinois, 
by  action  of  assumpsit  before  any  justice  of  the  peace  of  the 
j county ; which  penalty,  when  collected,  shall  be  added  to 

the  township  fund  of  the  township.  When  trustees  are 
elected  at  town  meetings,  as  provided  in  section  twenty-  tomaEe  iS™ 
seven  of  this  act,  the  officer  or  officers  whose  duty  it  is  to 
make  returns  of  said  township  election,  shall  make  returns 
of  such  election  of  trustees  to  the  county  superintendent, 
within  the  time,  and  subject  to  the  same  penalty  for  omis- 
sion, prescribed  in  this  section. 

§ 31.  The  said  trustees  of  schools,  elected  as  aforesaid,  tr^t°pce^80rs  JjJ 
shall  be  successors  to  the  trustees  of  school  lands  appointed  school  lauds.  ° 
by  the  county  commissioners’  court,  and  of  trustees  of 
schools  elected  in  townships,  under  the  provisions  of  “An 
\ act  making  provisions  for  organizing  and  maintaining  com- 
. moil  schools,”  approved  February  twenty-six,  one  thousand 
eight  hundred  and  forty-one,  and  of  “An  act  to  establish 
and  maintain  common  schools,”  approved  March  one,  one 
thousand  eight  hundred  and  forty-seven.  All  rights  of  prop- 
erty, and  rights  and  causes  qf  action,  existing  or  vested 
in  the  trustees  of  school  lands,  or  trustees  of  schools,  ap- 
pointed or  elected  as  aforesaid,  for  the  use  of  the  inhabi- 
tants of  the  township,  or  any  part  of  them,  shall  vest  in  the 
trustees  of  schools  as  successors,  in  as  full  and  complete  a 
manner  as  was  vested  in  the  school  commissioner  (the  trus- 
tees of  school  lands),  or  the  trustees  of  schools  appointed 
and  elected  as  aforesaid. 

—2 


10 


trustee*?1188  °f  § 32.  It  shall  be  the  duty  of  the  board  of  trustees  to  hold 
regular  semi-annual  meetings  on  the  first  Mondays  of  April 
and  October,  and  special  meetings  may  be  held  at  such  other 
■ times  as  they  may  think  proper.  Special  meetings  of  the 
board  may  be  called  by  the  president  or  any  two  members 
thereof;  and  at  all  meetings,  two  members  of  the  board 
Appointment  shall  be  a quorum  for  business.  The  board  shall  organize 
of  treasurer,  py  appointing  one  of  their  number  president,  and  some  per- 
son, who  shall  not  be  a director  or  trustee,  and  who  shall  be 
a resident  of  the  township,  treasurer,  who  shall  be  ex-officio 
clerk  of  the  board.  The  president  and  treasurer  shall  hold 
their  offices  for  one  year,  and  until  their  successors  are  ap- 
pointed; but  either  of  said  officers  may  be  removed  by  the. 
board  for  good  cause.  It  shall  be  the  duty  of  the  president 
Records  of  pro- to  preside  at  the  meetings  of  the  board;  and  it  shall  be  the 
ceedings.  duty  of  the  clerk  to  be  present  at  all  meetings  of  the  board, 
and  to  record,  in  a book  to  be  provided  for  the  purpose,  all 
their  official  proceedings,  which  shall  be  a public  record, 
open  to  the  inspection  of  any  person  interested  therein ; and 
all  of  said  proceedings,  when  recorded,  shall  be  signed  by 
the  president  and  clerk.  If  the  president  or  clerk  shall  be 
absent,  or  refuse  to  perform  any  of  the  duties  of  his  office, 
at  any  meeting  of  the  board,  a president  or  clerk,  pro  tem- 
pore, may  be  appointed. 

Trustees  to  lay  § 33.  Trustees  of  schools  in  newly  organized  townships 
off  districts.  gpap  }ay  0ff  the  township  into  one  or  more  districts,  to  suit 
the  wishes  and  convenience  of  a majority  of  the  inhabitants 
of  the  township,  and  shall  prepare,  or  cause  to  be  pr  epared, 
a map  of  the  township,  on  which  map  shall  be  designated 
the  district,  or  districts,  to  be  styled,  when  there  are  more 

Change  of  dis- than  one,  “District  hTo , in  Township  ~No ,w  which 

trict  boundaries  districts  they  shall  change  at  any  regular  meeting,  upon  the 
following  conditions,  and  not  otherwise : 

First— Upon  petition  of  a majority  of  the  voters  of  each 
of  the  districts  affected  by  the  proposed  change,  they  shall 
change  the  boundaries  of  any  district  lying  wholly  within 
the  township. 

Second — Upon  a like  petition  school  districts  shall  be 
formed  out  of  parts  of  two  or  more  townships  or  fractional 
townships,  in  which  case  the  trustees  of  schools  of  said 
townships  shall  concur  in  the  formation  of  such  districts. 

Third — Upon  petition  of  all  the  voters  in  any  territory, 
containing  not  less  than  five  families,  representing  that  they 
are  not  properly  accommodated  with  school  privileges,  but 
will  be  by  being  added  to  another  district,  or  formed  into 
a new  district;  and  upon  petition  of  a majority  bf  the  voters 
of  such  other  district,  if  any,  it  shall  be  the  duty  of  the 
trustees  of  the  township  or  townships  in  which  such  terri- 
tory, or  territory  and  district,  are  situated,  to  set-offi  such 
change  not  to  territory : Provided , that  such  change  shall  not  be  made 
district  hashea  w^en  the  district  from  which  the  petitioners  desire  to  be 
bonded  debt,  severed  has  a bonded  debt,  nor  when  the  new  district  line 
will  be  brought  nearer  than  one  mile  to  any  school  house, 
unio^districts f Fourth — Upon  petition  of  a majority  of  the  voters  of  a 


11 


district  composed  of  parts  of  two  or  more  townships,  it  shall 
he  the  duty  of  each  of  the  boards  of  trustees  of  the  several 
township  to  provide  for  so  much  of  the  territory  of  said 
district  as  lies  within  their  respective  townships,  by  annex- 
ing said  territory  to  a district,  or  to  districts  already  formed, 
or  by  the  creation  of  a new  district  or  districts,  which  shall 
include  said  territory. 

Fifth — Upon  petition  of  a majority  of  the  voters  of  any 
district  organized  under  a special  act,  and  of  the  voters  of 
other  districts  affected  by  the  proposed  change,  trustees  of 
the  township  or  townships  in  which  such  district  is  situated 
shall  change  the  boundaries  of  such  district. 

And  whenever  any  changes,  as  provided  in  this  section,  MapofWn- 
are  made,  trustees  of  schools  shall  prepare,  or  cause  to  be  chaP  gesShowms 
prepared,  a map  of  their  township,  showing  the  districts 
accurately;  which  map  shall  be  certified  by  the  president 
and  clerk  of  the  board,  and  filed  with  and  recorded  by  the 
\ county  clerk  in  a book  kept  for  that  purpose,  to  be  paid  for 

out  of  the  county  treasury.  When  a new  district  is  formed  fu^gVision  of 
from  a part  of  a district,  the  trustees  of  a township  or 
townships  concerned,  shall  proceed  forthwith  to  make  a dis- 
tribution of  any  tax  funds  or  other  funds  which  are  in  the 
hands  of  the  treasurer,  or  to  which  the  district  may,  at  the 
time  of  such  division,  be  entitled,  so  as  that  both  the  old 
and  new  districts  shall  receive  parts  of  such  funds  in  pro- 
portion to  the  amount  of  taxes  collected,  next  preceding 
such  division,  from  the  property  in  the  territory  composing 
the  several  districts.  If  the  new  district  be  composed  of 
parts  of  two  or  more  districts,  the  trustees  shall  make  dis- 
tribution of  said  funds  between  the  new  district  and  the 
old  districts  respectively,  so  that  the  new  district  shall  re- 
ceive a distribution  of  the  funds  of  each  of  the  old  districts 
in  the  proportion  which  the  amount  of  taxes  collected  from 
, the  property  in  the  territory  of  the  new  district,  next  before 
the  division,  bears  to  the  whole  tax  collected,  next  before 
the  division,  in  the  old  district;  and  the  town  treasurers 
shall  forthwith  place  the  sums  so  distributed  to  the  credit 
of  the  respective  districts,  and  shall  immediately  place  the 
proportion  of  the  said  funds  to  which  said  new  district 
may  be  entitled  to  its  credit  on  his  books,  and  the  funds  on 
hand  shall  be  subject  at  once  to  the  order  of  the  directors 
of  the  new  district,  and  those  not  on  hand,  as  soon  as  col- 
lected. The  trustees  of  the  township  or  townships  con-  Appraisal  of 
cerned  shall,  at  the  time  of  the  creation  of  a new  district,  lstnctprop  rty 
or  within  the  period  of  thirty  days  thereafter,  proceed  to 
the  appointment  of  three  appraisers,  who  shall  not  be  citi- 
zens of  the  township  or  townships  interested.  It  shall  be 
the  duty  of  said  appraisers,  within  thirty  days  after  their 
appointment,  to  appraise  the  school  property,  both  real 
and  personal,  of  the  .district  or  districts  interested,  at  their 
fair  cash  value.  Within  thirty  days  after  such  appraise- 
ment, the  trustees  of  the  township  or  townships  concerned 
shall  proceed  to  charge  th©  property  to  the  district  in  which 
it  may  be  found,  and  to  credit  the  other  district  interested 
therein  with  its  proportion  of  such  valuation : Provided , 


12 


deducted  to  be  the  bona  fide  debts,  if  any,  of  the  old  district,  shall  first 

be  deducted  and  the  balance  charged  and  credited  as  afore- 
said, and  of  the  funds  then  on  hand,  or  subsequently  to  ac- 
crue, belonging  to  such  district  to  which  such  property  is 
charged,  the  trustees  shall  direct  the  treasurer  to  place  to 
the  credit  of  the  district  not  retaining  said  property  its  pro- 
Trustees  liable,  portion  of  the  value  of  said  property.  If  trustees  shall  fail 
to  observe  the  provisions  of  this  section  in  reference  to  dis- 
tribution of  funds  and  property,  they  shall  be  individually 
and  jointly  liable  to  the  district  interested,  in  an  action  on 
the  case,  to  the  full  amount  of  the  damages  sustained  by  the 
district  aggrieved.  Where  trustees  have  heretofore  failed 
to  make  distribution  of  property  to  districts,  as  provided  by 
law,  any  district  interested  in  the  making  of  such  distribu- 
tion may,  by  its  directors,  request  the  trustees,  in  writing, 
to  proceed  to  make  such  distribution;  and  said  trustees 
shall  proceed  to  make  distribution  in  the  manner  in  this 
section  prescribed,  and  shall  be  liable  m like  manner  for 
Map  to  be  filed  neglect  or  failure.  Within  ten  days  after  any  changes  are 
in  ten  days.  made  in  district  boundaries,  whether  by  division,  consolida- 
tion or  otherwise,  the  township  treasurer  shall  make  a full 
record  thereof  in  the  record  book  of  the  trustees,  and  file  a 
copy  of  said  record,  together  with  a new  map  of  the  town- 
ship, and  a list  of  the  taxpayers  resident  in  each  of  the 
newly  arranged  districts,  in  the  office  of  the  county  clerk. 
Compliance  with  these  requirements,  within  the  said  period 
of  ten  days,  is  hereby  made  essential  to  the  validity  of  any 
alterations  of  district  boundaries.  If  said  copy  of  record, 
plat  of  township  and  list  of  taxpayers  shall  be  filed,  as 
aforesaid,  in  the  office  of  the  county  clerk,  within  ten  days 
after  the  October  meeting  of  the  trustees,  the  county  clerk 
County  clerk  shall  thereupon  correct  the  lists  required  to  be  filed  on  or 
u°st.c°rrect  tax  before  the  first  Monday  in  September,  under  section  forty- 
four  of  this  act. 

Apport’nment  § 34.  At  the  regular  semi-annual  meetings,  on  the  first 
> districts.  Mondays  of  April  and  October,  the  trustees  shall  ascertain 
the  amount  of  state,  county  and  township  funds  on  hand 
and  subject  to  distribution,  and  shall  apportion  the  same  as 
follows  : 

Basis  of.  First — Whatever  may  be  due  for  the  compensation  and  the 

books  of  the  treasurer,  and  such  sum  as  may  be  deemed 
reasonable  for  dividing  school  lands,  making  plats,  etc. 

Second — The  remainder  shall  be  divided  among  ‘the  dis- 
tricts or  fractions  of  districts,  in  which  schools  have  been 
• kept  in  accordance  with  the  provisions  of  this  act,  and  the 
instructions  of  the  state  and  county  superintendent,  in  pro- 
portion to  the  number  of  children  under  twenty-one  years 
of  age  in  each. 

Treasurer  to  The  funds  thus  apportioned  shall  be  placed  on  the  books 
Funds!1* di8trict  of  the  treasurer  to  the  credit  of  the  respective  districts,  and 
the  same  shall  be  paid  out  by  the  treasurer  on  the  legal 
orders  of  the  directors  of  the  proper  districts. 

§ 35.*  Pupils  shall  not  be  transferred  from  one  district 


to 


*As  amended  by  the  act  approved  March  24, 1874. 


13 


to  another  without  the  written  consent  of  a majority  of  the  ^Transfer  °fpu- 
directors  of  both  districts  $ which  written  permits  shall  be  pi  s' 
delivered  to  and  filed  by  the  proper  township  treasurer,  and 
shall  be  evidence  of  such  consent.  A separate  schedule  Separate  scte- 
shall  be  kept  for  each  district,  and  in  each  schedule  shall  be  dules* 
certified  the  proper  amount  due  the  teacher  from  that  dis- 
trict, computed  upon  the  basis  of  the  total  number  of  days’ 
attendance  of  all  the  schedules.  If  the  district  from  which 
the  pupils  are  transferred  is  in  the  same  township  as  the 
district  in  which  the  school  is  taught,  the  directors  of  said 
district  shall  deliver  the  separate  schedule  to  their  township 
treasurer,  who  shall  credit  the  district  in  which  the  school 
was  taught,  and  charge  the  other  districts  with  the  respec- 
tive amounts  certified  in  said  separate  schedules  to  be  due. 

If  pupils  are  transferred  from  a district  of  another  township, 
the  schedule  for  that  district  shall  be  delivered  to  the  direc- 
tors thereof,  who  shall  immediately  draw  an  order  on  their 
treasurer,  in  favor  of  the  treasurer  of  the  townsjuip  in  which 
the  school  was  taught,  for  the  amount  certified*  to  be  due  in 
said  separate  schedule.  When  a school  is  composed  of  pu-  Teacher  to  be 
piis  from  dilferent  townships,  the  teacher  shall,  in  all  cases,  one 

be  paid  by  the  treasurer  of  the  township  in  which  the  school  reas  r' 
is  taught,  and  the  duty  of  collecting  the  amount  due  from 
the  other  townships  shall  devolve  upon  the  directors.  Upon 
petition  of  fifty  voters  of  any  school  township,  filed  with 
the  township  treasurer  at  least  fifteen  days  preceding  a reg- 
ular election  of  trustees,  it  shall  be  the  duty  of  said  treas-  Township  Mgb 
urer  to  notify  the  voters  of  the  township  that  an  election  scllooL 
“For”  and  “Against”  a high  school  will  be  held  at  the  next 
ensuing  election  of  trustees,  and  the  ballots  to  such  effect 
shall  be  received  and  canvassed  at  such  election  ; audit*  a 
majority  of  the  votes  at  such  election  shall  be  found  to  be 
in  favor  of  a high  school,  it  shall  be  the  duty  of  the  trustees  . How  eetab_ 
of  the  township  to  establish,  at  some  central  point  most  lished. 
convenient  for  a majority  of  the  pupils  of  the  township,  a 
high  school,  for  the  education  of  the  more  advanced  pupils. 

For  the  purpose  of  building  a school  house,  supporting  the 

school,  and  other  necessary  expenses,  the  township  shall 

be  regarded  as  a school  district,  and  the  trustees  shall  have 

the  power  and  discharge  the  duties  of  directors  for  such  hav™?owers  of 

district  in  all  respects : Provided , that  in  like  manner  the  directors. 

voters  and  trustees  of  two  or  more  adjoining  townships,  or 

parts  of  townships,  may  co-operate  in  the  establishment 

and  maintenance  of  a high  school,  on  such  terms  as  they 

may,  by  written  agreement  made  by  the  boards  of  trustees, 

enter  into. 

g 30.  The  board  of  trustees  of  each  township  in  this  ReporUocourr 
state  shall  prepare,  or  cause  to  be  prepared,  by  the  town-  ent?uperm  en 
ship  treasurer,  the  clerk  of  the  board,  the  directors  of  the 
several  districts,  or  other  person,  and  forwarded  to  the 
county  superintendent  of  the  county  in  which  the  township 
lies,  on  or  before  the  second  Monday  of  October  preceding 
each  regular  session  of  the  general  assembly  of  this  state, 
and  at  such  other  times  as  may  be  required  by  the  county 
superintendent,  or  by  the  state  superintendent  of  public  in- 


14 


struction,  a statement  exhibiting  the  condition  of  schools  in 
their  respective  townships  for  the  preceding  biennial  period, 
giving  separately  each  year,  commencing  on  the  first  of  Oc- 
tober, and  ending  on  the  last  of  September ; which  state- 
ment shall  be  as  follows: 

items.  First — The  whole  number  of  schools  which  have  been 

taught  in  each  year ; what  part  of  said  number  have  beeu 
taught  by  males  exclusively  ; what  part  have  been  taught 
by  females  exclusively ; what  part  of  said  whole  number 
have  been  taught  by  males  and  females  at  the  same  time, 
and  what  part  by  males  and  females  at  different  periods. 

Second — The  whole  number  of  scholars  in  attendance  at 
all  the  schools,  giving  the  number  of  males  and  females 
separately. 

Third — The  number  of  male  and  female  teachers,  giving 
each  separately ; the  highest,  lowest  and  average  monthly 
compensation  paid  to  male  and  female  teachers,  giving 
each  item  separately. 

illiteracy.  Fourth — The  number  of  persons  under  twenty-oue  years 

of  age,  making  a separate  enumeration  of  those  above  the 
age  of  twelve  years  who  are  unable  to  read  and  write,  and 
the  cause  or  causes  of  the  neglect  to  educate  them. 

Fifth — The  amount  of  the  principal  of  the  township 
fund ; the  amount  of  the  interest  on  the  township  fund  paid 
into  the  township  treasury;  the  amount  raised  by  ad  valorem 
tax  and  the  amount  of  such  tax  received  into  the  township 
treasury,  and  the  amount  of  all  other  funds  received  into 
the  township  treasury. 

Sixth — Amount  paid  for  teachers’  wages;  the  amount  paid 
for  school  house  lots ; the  amount  paid  for  building,  repair- 
ing, purchasing,  renting  and  furnishing  school  houses ; the 
amount  paid  for  school  apparatus,  for  books  and  other  in- 
cidental expenses  for  the  use  of  school  libraries;  the  amount 
paid  as  compensation  to  township  officers  and  others. 

Seventh — The  whole  amount  of  the  receipts  and  expendi- 
tures for  school  purposes,  together  with  such  other  statistics 
and  information  in  regard  to  schools  as  the  state  superin- 
tendent or  county  superintendent  may  require. 

Forfeiture  for  And  any  township  from  which  such  report  is  not  received 
failure  to  report  jn  the  manner  and  time  required  by  law,  shall  forfeit  its 
portion  of  the  public  funds  for  the  next  ensuing  year:  Pro- 
vided, that  upon  the  recommendation  of  the  county  superin- 
tendent, or  for  good  and  sufficient  reasons,  the  state  super- 
intendent may  remit  such  forfeiture. 

Separate  enu-  § 37.  In  all  cases  w here  a township  is  or  shall  be  divided 
merafion.  by  a county  line  or  lines,  the  board  of  trustees  of  such  town- 
ship shall  make,  or  cause  to  be  made,  separate  enumerations 
of  male  and  female  persons  of  the  ages  as  directed  in  the 
foregoing  section  of  this  act,  designating  separately  the 
number  residing  in  each  of  the  counties  in  which  such  town- 
ship may  lie,  and  forward  each  respective  number  to  the 
proper  county  superintendent  of  each  of  said  counties;  and 
in  like  manner,  as  far  as  practicable,  all  other  statistics  and  i 
information  enumerated  and  required  to  be  reported  in  the 


15 


aforesaid  section,  shall  be  separately  reported  to  the  several  di®^1s^ics  not 
county  superintendents ; and  all  such  parts  of  said  statisti- 
cal information  as  are  not  susceptible  of  division,  and  are 
impracticable  to  be  reported  separately,  shall  be  reported 
to  the  county  superintendent  of  the  county  in  which  the  six- 
teenth section  of  such  township  is  situated. 

§ 38.  At  each  semi-annual  meeting,  and  at  such  other  Examination 
meetings  as  they  may  think  proper,  the  said  township  board  by  trustees- 
shall  examine  all  books,  notes,  mortgages,  securities,  pajjers, 
moneys  and  effects  of  the  corporation,  and  the  accounts  and 
vouchers  of  the  township  treasurer,  or  other  township  school 
officer,  and  shall  make  such  order  thereon  for  their  security, 
preservation,  collection,  correction  of  errors,  if  any,  and  for 
their  proper  management,  as  may  sehm  to  said  board  neces- 
sary. 

§ 39.  The  board  of  trustees  of  each  township  in  the 
state  may  receive  any  gift,  grant,  donation  or  devise  made 
for  the  use  of  any  school  or  schools,  or  library,  or  other 
school  purposes  within  their  jurisdiction ; and  they  shall  be  Title  of  school 
and  are  hereby  invested,  in  their  corporate  capacity,  with  the  houses- 
title,  care  and  custody  of  all  school  houses  and  school  house 
sites  ; but  the  supervision  and  control  of  them  is  expressly  Directors  to 
vested  iu  the  directors  of  each  district  in  which  said  property  school0  hm™es— 
is  situated,  who  may  grant  the  temporary  use  of  school  may  grant  use 
houses,  when  not  occupied  by  schools,  for  religious  meetings  ot  formeeting's 
and  Sunday  schools,  for  evening  schools  and  for  literary  so- 
cieties, and  for  such  other  meetings  as  the  directors  may 
deem  proper;  and  when,  in  the  opinion  of  the  school  direc- 
tors, the  school  house  site  or  the  buildings  have  become  un-  saieof  school 
necessary,  or  unsuitable,  or  inconvenient  for  a school,  saidbouse8, 
board  of  trustees,  on  petition  of  a majority  of  the  voters  of 
the  district,  shall  sell  and  convey  the  same  in  the  name  of 
the  said  board,  after  giving  at  least  twenty  days’  notice  of 
such  sale,  by  posting  up  written  or  printed  notices  thereof, 
particularly  describing  said  property  and  terms  of  sale  ; and 
such  conveyance  shall  be  executed  by  the  president  and 
clerk  of  said  board,  and  the  avails  shall  be  paid  over  to  the 
township  treasurer  for  the  benefit  of  said  district ; and  all 
conveyances  of  real  estate  which  may  be  made  to  said  board, 
shall  be  made  to  said  board  in  their  corporate  name,  and  to 
their  successors  in  office. 

§ 40.  The  township  board  shall  cause  all  moneys  for  the 
use  of  the  townships  and  districts  to  be  paid  over  to.  the  anrc^oniy  Yaw- 
township  treasurer,  who  is  hereby  constituted  and  declared  ful  custodian, 
to  be  the  only  lawful  depositary  and  custodian  of  all  town- 
ship and  district  school  funds.  They  shall  have  power  also  ,, 
to  remove  the  township  treasurer  at  any  time,  tor  any  fail-  township  trea- 
ure  or  refusal  to  execute  or  comply  with  any  order  or  requi-  f*urer' 
sition  of  said  board,  legally  made,  or  for  any  other  im- 
proper conduct  in  the  discharge  of  his  duty  as  treasurer. 

They  shall  also  have  power,  for  any  failure  or  refusal,  as  Ma 
aforesaid,  to  sue  him  upon  his  bond. 

§ 41.  The  township  ^trustees  are  hereby  vested  with  May  purchase 
general  power  and  authority  to  purchase  real  estate,  if,  in  satLiactmiT  Sf 
their  opinion,  the  interests  of  the  township  fund  will  be  pro- judgments, 
moted  thereby,  in  satisfaction  of  any  judgment  or  decree 


16 


wherein  the  said  hoard  or  county  superintendent  are  plain- 
tiffs or  complainants ; and  the  title  of  such  real  estate  so 
purchased  shall  vest  in  said  board,  for  the  use  of  the  inhabi- 
Settiements.  tants  of  said  township,  for  school  purposes.  The  said  board 
are  hereby  vested  with  general  power  and  authority  to 
make  all  settlements  with  persons  indebted  to  them  in  their 
official  capacity  ; or  receive  deeds  of  real  estate  in  compro- 
mise ; and  to  cancel,  in  such  manner  as  they  may  think 
proper,  notes,  bonds,  mortgages,  judgments  and  decrees, 
existing,  or  that  may  hereafter  exist,  for  the  benefit  of  the 
township,  when  the  interest  of  said  township,  or  the  fund 
concerned,  shall,  in  their  opinion,  require  it  5 and  their  ac- 
aoction 3611  at  tion  shall ’be  valid.  Said  board  of  trustees  are  hereby  au- 
thorized to  lease  or  sell,  at  public  auction,  any  land  that 
may  come  into  their  possession,  in  such  manner  and  on  such 
terms  as  they  shall  deem  for  the  interest  of  the  township  : 
Provided , that  in  all  cases  of  sale  of  land  as  provided  in  this 
section,  the  sale  shall  be  made  at  the  same  place,  and  notice 
given  of  it  in  the  same  manner,  as  is  provided  in  this  act  for 
the  sale  of  the  sixteenth  section $ and  all  such  sales  shall 
be  by  public  auction. 

SCHOOL  DIRECTORS — THEIR  ELECTION  AND  DUTIES. 

Term  of  office.  § 42.  The  annual  election  of  school  directors  shall  be  on 
the  first  Saturday  of  April,  when  one  director  shall  be 
elected  in  each  district,  who  shall  hold  his  office  for -three 
years,  and  until  his  successor  is  elected.  In  new  districts 
the  first  election  may  be  on  any  Saturday,  notice  being 
given  by  the  township  treasurer,  as  for  the  election  of  trus- 
tees, when  three  directors  shall  be  elected,  who  shall,  at 
their  first  meeting,  draw  lots  for  their  respective  terms  of 
office,  for  one,  two  and  three  years.  When  vacancies  occur, 
the  remaining  director  or  directors  shall,  without  delay, 
Notices  of  order  an  election  to  fill  such  vacancies.  Notices  of  alleiec- 
eiections.  tions  in  organized  districts  shall  be  given  by  the  directors, 
at  least  ten  days  previous  to  the  day  of  said  election.  Said 
notices  shall  be  posted  in  at  least  three  of  the  most  public 
places  in  the  district,  and  shall  specify  the  place  where  such 
election  is  to  be  held,  the  time  of  opening  and  closing  the 
polls,  and  the  question  or  questions  to  be  voted  on.  Should 
the  directors  fail  or  refuse  to  order  any  regular  or  special 
election  as  aforesaid,  it  shall  be  the  duty  of  the  township 
Township  trea-  treasurer  to  order  such  election  $ and  if  he  fails  to  do  so, 
ty Superintend-  then  it  shall  be  the  duty  of  the  county  superintendent  to 
e'nt  may  order,  order  such  election  of  directors,  within  ten  days,  in  each  case 
of  such  failure  or  refusal  ; and  the  election  held  in  pur- 
suance of  such  order  shall  be  valid  the  same  as  if  ordered  by 
judges.  the  directors.  Two  of  the  directors  ordering  the  election 
shall  act  as  judges  and  one  as  clerk  of  said  election.  But 
if  said  directors,  or  any  of  them,  shall  fail  to  order  an  elec- 
tion, to  attend,  or  refuse  to  act  when  present,  and  in  unor- 
ganized districts,  the  legal  voters,  when  assembled,  shall 
choose  such  additional  number  as  may  be  necessary  to  act 
as  two  judges  and  a clerk  of  said  election:  Provided , 


17 


that  if,  upon  the  day  appointed  for  said  election,  the  said  Postponement, 
directors  or  judges  shall  be  of  opinion  that,  on  account  of 
the  small  attendance  of  voters,  the  public  good  requires  it, 
or  if  the  voters  present,  or  a majority  of  them,  shall  desire 
it,  they  shall  postpone  said  election  until  the  next  Saturday, 
at  the  same  jfiace  and  hour,  when  the  voters  shall  proceed 
as  if  it  were  not  an  adjourned  meeting:  And , provided , Election  on  any 
also , that  if  notice  shall  not  have  been  given  as  above  re-  Saturday, 
quired,  then  said  election  may  be  ordered  as  aforesaid,  and 
holden  on  the  third  Saturday  in  April,  or  any  other  Satur- 
day ; notice  thereof  being  given  as  aforesaid.  In  case  of  a Tie. 
tie,  the  judges  shall  decide  it  by  lot  on  the  day  of  election. 

The  directors  shall  appoint  one  of  their  number  president  Records, 
and  another  of  their  number  clerk,  who  shall  keep  a record 
of  all  the  official  acts  of  the  board,  in  a well-bound  book 
provided  for  the  purpose,  which  record  shall  be  submitted 
to  the  township  treasurer,  for  his  inspection  and  approval, 
on  the  first  Mondays  of  April  and  October,  and  at  such  other 
times  as  the  township  treasurer  may  require.  The  clerk  ofneports. 
each  board  of  school  directors  shall  report  to  the  township 
treasurer  of  the  proper  township,  on  or  before  the  first  Mon- 
day of  October,  annually,  such  statistics  and  other  informa- 
tion in  relation  to  the  schools  of  their  respective  districts  as 
the  township  treasurer  is  required  to  embody  in  his  report  to 
the  county  superintendent,  and  the  particular  statistics  to  be 
so  reported  shall  be  determined  and  designated  by  the  state 
superintendent  of  public  instruction.  At  the  annual  elec- 
tion of  director,  the  directors  shall  make  a detailed  report  of 
their  receipts  and  expenditures  to  the  voters  there  present, 
a copy  of  which  shall  be  transmitted  to  the  township  treas- 
urer within  five  days  of  the  time  of  said  election.  They  xumberunabie 
shall  also  report  the  number  and  names  of  persons  above  ^riteead  and 
the  age  of  twelve  years  and  under  twenty-one,  residing  in 
the  district,  who  are  unable  to  read  and  write,  and  the 
causes  of  the  neglect  to  educate  them.  Directors  are  author- 
ized to  use  any  funds  belonging  to  their  district,  and  not 
otherwise  appropriated,  for  the  purchase  of  a suitable  book 
for  their  records,  and  the  said  records  shall  be  kept  in  a 
punctual,  orderly  and  reliable  manner.  They  may  also,  May  compen- 
wliere  they  deem  the  amount  of  labor  done  sufficient  to  jus- eateclerk* 
tify  it,  allow  out  of  such  funds  a compensation  to  said  clerk 
for  duties  actually  performed.  Within  ten  days  after  every  p0iibook. 
election  of  directors  the  judges  shall  cause  the  poll  book  to 
be  delivered  to  the  township  treasurer,  with  a certificate 
thereon  showing  the  election  of  said  directors  and  names  of 
the  persons  elected;  which  poll  book  shall  be  filed  by  the 
township  treasurer,  and  shall  be  evidence  of  said  election. 

For  failure  to  deliver  said  poll  book  within  the  time  pre- penalty- 
scribed,  the  judges  shall  be  liable  to  the  same  penalty  as  is 
prescribed  in  section  thirty,  which  penalty  may  be  recov- 
ered in  the  same  manner  as  is  provided  in  said  section,  and 
when  collected,  shall  be  addedto  the  district  funds.  If  any  Rerident* 
trustee  or  director  shall  not  be  an  inhabitant  of  the  district 
or  township  which  he  represents,  an  election  shall  be  ordered 


18 


not  be' trustee11  ^ vacancy  ; and  no  person  sliall  be  at  the  same  time 

a director  and  trustee,  nor  shall  a director  or  trustee  be 
Contracts.  interested  iu  any  contract  made  by  the  board  of  which  he  is 
a member. 

Power  to  tax.  § 43.  For  the  purpose  of  establishing  and  supporting  free 
schools  for  not  less  than  five  nor  more  than  nin  e months  in 
each  year,  and  defraying  all  the  expenses  of  the  same,  of 
every  description ; for  the  purpose  of  repairing  and  improv- 
ing school  houses;  of  procuring  furniture,  fuel,' libraries 
and  apparatus,  and  for  all  other  necessary  incidental  ex- 
Limitations.  penses,  the  directors  of  each  district  shall  be  authorized  to 
levy  a tax  annually  upon  all  the  taxable  property  of  the 
district,  not  to  exceed  two  per  cent,  for  educational,  and 
three  per  cent,  for  building  purposes,  to  be  ascertained  by 
the  last  assessment  for  state  and  county  taxes.  They  may 
also  appropriate  to  the  purchase  of  libraries  and  apparatus 
any  surplus  funds,  after  all  necessary  school  expenses  are 
paid. 

^Certificate  of  g 44.  The  directors  of  each  district  shall  ascertain,  as 
near  as  practicable,  annually,  how  much  money  must  be 
raised  by  special  tax  for  school  purposes  during  the  ensuing 
year,  which  amount  shall  be  certified  and  returned  to  the 
township  treasurer,  on  or  before  the  first  Monday  of  Sep- 
tember, annually.  The  certificate  of  the  directors  may  be 
in  the  following  form,  viz : 

We  hereby  certify  that  we  require  the  amount  of to  be  levied  as  a special  tax 

for  school  purposes,  on  the  taxable  property  of  our  district,  for  the  year  18. . 

Giveu  under  our  hands  this day  of 18  . 

A B,  l Directors  District  No.  ...,  township 
C JJ,  > No.  range  No.  county  of 
E E,  3 State  of  Illinois. 

Time  of  return,  it  shall  be  the  duty  of  the  township  treasurer  to  return 
said  certificates  to  the  county  clerk,  on  or  before  the  second 
Monday  of  September;  and  whenever  the  boundaries  of 
the  districts  of  the  township  shall  have  been  changed,  the 
MaP-  township  treasurer  shall  return  to  the  county  clerk,  with 

the  certificates,  a map  of  the  township,  showing  such 
cm.intiestintw°  clian^es,  and  certified  as  required  in  the  thirty-third  section 
of  this  act.  When  a district  lies  partly  in  two  or  more 
counties,  the  directors  shall  determine  and  certify  the 
amounts  to  be  levied  on  the  taxable  property  lying  in  each 
county,  and  return  the  same  to  the  township  treasurer,  who 
shall  return  them  to  the  respective  county  clerks,  as  herein- 
before provided. 

County  clerk  g 45.  According  to  the  amounts  certified  as  aforesaid, 
to  compute  tax.  ^ saj(|  county  clerk,  when  making  out  the  tax  books  for 
the  collector,  shall  compute  each  taxable  person’s  tax  in  said 
district,  upon  the  total  amount  of  taxable  property  as  equal- 
ized by  the  state  board  of  equalization  for  that  year, 
lying  and  being  in  said  district,  whether  belonging  to  resi- 
dents or  non-residents,  and  also  each  and  every  tract  of 
land  assessed  by  the  assessor,  which  lies,  or  the  largest  part 
of  which  lies  in  said  district.  The  said  county  clerk  shall 
cause  each  person’s  tax  so  computed  to  be  set  upon  the  tax 
book  to  be  delivered  to  the  collector  for  that  year,  in  a 


5 


/ 


19 


. separate  column,  against  each  tax- payer’s  name  or  parcel  di^i1cetcfa°x11  of 
of  taxable  property,  as  it  appears  in  said  collector’s  booh, 
to  be  collected  in  the  same  manner  and  at  the  same  time, 
and  by  the  persons,  as  state  and  county  taxes  are  collected. 

It  shall  be  the  duty  of  assessors,  when  making  assessments  note5rict. t0 
of  personal  property,  to  designate  the  number  of  the  school 
district  in  which  each  person  so  assessed  resides ; which 
designation  shall  be  made  by  writing  the  number  of  such  dis- 
trict opposite  each  person’s  assessment  of  personal  property, 
in  a column  provided  for  that  purpose  in  the  assessment 
roll  returned  by  the  assessor  to  the  county  clerk.  It  shall  Dc"*ykof  county 
be  the  duty  of  the  county  clerk  to  copy  said  numbers  of  c er  ' 
school  districts,  as  returned  by  the  assessor,  into  the  collec- 
tor’s book,  and  to  extend  the  school  tax  on  each  person’s 
assessment  of  personal  property  according  to  the  rate  re- 
quired by  the  amount  designated  by  the  directors  of  the 
school  district  in  which  such  person  resides.  It  is  hereby 
,\  made  the  duty  of  the  proper  officers,  in  preparing  blank 
books  and  notices  for  the  use  of  assessors,  to  provide 
columns  and  blanks  for  the  use  of  assessors  as  above  de- 
scribed. The  computations  of  each  person’s  tax,  and  the 
levy  made  by  the  clerk  as  aforesaid,  shall  be  hnal  and  con-  Taxtobeuni- 
clusive : Provided , the  rate  shall  be  uniform,  and  shall form- 
not  exceed  that  required  by  the  amount  certified  by  the 
board  of  directors ; and  the  said  county  clerk,  before  de- 
livering the  tax  book  to  the  collector,  shall  make  out  and 
send  by  mail  to  each  township  treasurer  of  the  respective 
townships  in  the  county,  a certificate  of  the  amount  due  ^0®^ificated  °f 
each  district,  or  fraction  of  a district  in  his  township,  of  said  eachUdistiiot.e 
tax,  so  levied  and  placed  upon  the  tax  books , and  on  or 
before  the  first  day  of  April  next  after  the  delivery  of  the 
tax  books  containing  the  computation  and  levy  of  said 
taxes  aforesaid,  or  so  soon  thereafter  as  the  township  trea- 
surer shall  present  the  said  certificate  of  the  amount  of 
said  tax,  and  make  a demand  therefor,  the  said  collector  a Ct°f|1te0c^f  hJ° 
shall  pay  to  said  township  treasurer  the  full  amount  of  said  treasurer, 
tax  so  certified  by  .the  county  clerk,  or  in  case  any  part 
thereof  remains  uncollected,  said  collector  shall,  in  addition 
to  the  amount  collected,  deliver  to  said  township  treasurer 
a statement  of  the  uncollected  taxes  for  each  district  of  such 
^ township,  taking  of  the  township  treasurer  his  receipt  there- 

for, which  receipt  shall  be  evidence,  as  well  in  favor  of  the 
collector  as  against  the  township  treasurer;,  and  said  trea- 
surer shall  enter  the  amount  collected  in  his  books,  under 
the  proper  heads,  and  pay  the  same  out  as  provided  for 
by  this  act. 

§ Ifi.  If  any  collector  shall  fail  to  pay  the.  amount  of  collector to  >a°f 
said  tax,  or  any  part  thereof,  as  required  in  the  aforesaid  ( opay‘ 
section,  it  shall  be  competent  for  the  township  treasurer,  or 
other  authorized  persoh,  to  proceed  against  such  collector 
and  his  securities  in  an  action  of  debt  in  any  court  of  com- 
petent jurisdiction ; and  the  said  collector,  so  in  default, 
shall  pay  twelve  percentum  upon  the  amount  due,  to  be 
assessed  as  damages,  which  shall  be  included  in  the  judg- 
ment rendered  against  him  : Provided , no  collector  shall  be 


20 


Vote  necessary 
for  borrowing 
money. 


liable  for  such  part  of  said  tax  as  he  shall  be  able  to  make 
appear  he  could  not  have  collected  by  law,  until  he  may  be 
able  to  so  collect  such  amount. 

§ 47.  For  the  purpose  of  building  school  houses,  or  pur- 
chasing1 school  sites,  or  for  repairing  and  improving  the 
same,  the  directors,  by  a vote  of  the  people,  at  an  election 
called  and  conducted  as  required  in  the  forty-second  section 
of  this  act  (a  majority  of  the  votes  cast  shall  be  necessary 
to  authorize  the  directors  to  act),  may  borrow  money,  issu- 
ing bonds  executed  by  the  officers,  or  at  least  two  members 
of  the  board,  in  sums  of  not  less  than  one  hundred  dollars  ; 
but  the  rate  of  interest  shall  not  exceed  ten  per  cent,  nor 
shall  the  sum  borrowed  in  any  one  year  exceed  five  per 
cent,  (including  previous  indebtedness)  of  the  taxable  pro- 
perty of  the  district,  to  be  ascertained  by  the  last  assessment 
for  the  state  and  county  taxes  previous  to  the  incurring  of 
such  indebtedness,  nor  shall  the  tax  levied  in  any  one  year 
for  building  school  houses,  exceed  three  per  cent,  of  said 
taxable  property,  except  to  pay  indebtedness  contracted 
previous  to  the  passage  of  this  act. 

§ 48.  The  directors  of  each  district  are  hereby  declared 
a body  politic  and  corporate,  by  the  name  of  u School  Direc- 
tors of  District  No , Township  No , County  of 

, and  State  of  Illinois,”  and  by  that  name  may  sue 

and  be  sued  in  all  courts  and  places  whatever.  Two  direc- 
tors shall  be  a quorum  for  business.  The  directors  shall  be 
liable  as  directors  for  the  ba, lance  due  teachers,  and  for  all 
debts  legally  contracted.  They  shall  establish  and  keep  in 
operation,  for  at  least  five  months  in  each  year,  and  longer, 
if  practicable,  a sufficient  number  of  free  schools  for  the 
proper  accommodation  of  all  children  in  the  district  over 
the  age  of  six  and  under  twenty-one  years,  and  shall  secure 
to  all  such  children  the  right  and  opportunity  to  an  equal 
education  in  such  free  schools.  They  shall  adopt  and  en- 
force all  necessary  rules  and  regulations  for  the  manage- 
ment aud  government  of  the  schools,  and  shall  visit  and 
inspect  the  same,  from  time  to  timev  as  the  good  of  the 
schools  may  require.  They  shall  appoint  all  teachers,  fix 
the  amount  of  their  salaries,  and  may  dismiss  them  for  in- 
competency, cruelty,  negligence,  immoralitj"  or  other  suffi- 
cient cause-  They  shall  have  power  to  assign  pupils  to  the 
several  schools.  They  shall  direct  what  branches  of  study 
shall  be  taught,  and  what  text-books  and  apparatus  shall  be 
used  in  the  several  schools,  aud  strictly  enforce  uniformity 
of  text-books  therein,  but  shfill  not  permit  text-books  to  be 
changed  oftener  than  once  in  four  years.  They  may  suspend 
or  expel  pupils  for  incorrigibly  bad  conduct,  and  no  action 
shall  lie  against  them  for  such  expulsion  or  suspension ; and 
may  provide  that  children  under  twelve  (12)  years  of  age 
shall  not  be  confined  in  school  more  than  four  hours  daily, 
vote  required,  it  sfiall  not  be  lawful  for  a board  of  directors  to  purchase 
or  locate  a school  house  site,  or  to  purchase,  build  or  move 
a school  house,  or  to  levy  a tax  to  extend  schools  beyond 
nine  months,  without  a vote  of  the  people,  at  an  election 


Tax  limited  to 
three  per  cent — 
exception. 


Directors  body- 
politic. 


Liable  for  bal- 
ances due  teach- 
ers. 


Powers  and 
duties. 


Rules  and  reg- 
ulations. 


Text  books. 


21 


called  and  conducted  as  required  in  tlie  forty-second  section 
of  this  act.  A majority  of  the  votes  cast  shall  be  necessary 
to  authorize  the  directors  to  act : Provided , that  if  no  one  M 
locality  shall  receive  a majority  of  all  the  votes  cast  at  such  school  site, 
election,  the  directors  may,  if  in  their  judgment  the  public 
interests  require  it,  proceed  to  select  a suitable  school  house 
site  $ and  the  site  so  chosen  by  them  shall,  in  such  case,  be 
legal  and  valid,  the  satne  as  if  it  had  been  determined  by  a 
majority  of  the  votes  cast. 

OF  JUDGMENTS  AND  EXECUTIONS  AGAINST  BOARDS  OF 
TRUSTEES  OR  SCHOOL  DIRECTORS. 

§ 49.  If  judgment  shall  be  obtained  against  any  town-  Pa  entoom_ 
ship  board  of  trustees  or  school  directors,  the  party  entitled  peifeS?  ° m 
to  the  benefit  of  such  judgment  may  have  execution  there- 
for, as  follows,  to  wit : It  shall  be  lawful  for  the  court  in 
which  such  judgment  shall  be  obtained,  or  to  which  such 
judgment  shall  be  removed  by  transcript  or  appeal  Irom  a 
justice  of  the  peace  or  other  court  to  issue  thence  a writ,  com- 
manding the  directors,  trustees  and  treasurer  of  such  town- 
ship to  cause  the  amount  thereof,  with  interest  and  costs,  to 
be  paid  to  the  party  entitled  to  the  benefit  of  said  judgment, 
out  of  any  moneys  unappropriated,  of  said  township  or  dis- 
trict, or,  it  there  be  no  such  moneys,  out  of  the  first  monies 
applicable  to  the  payment  of  the  kind  of  services  or  indeb- 
tedness for  which  such  judgment  shall  be  obtained,  which 
shall  be  received  for  the  use  of  such  township  or  district,  and 
to  enforce  obedience  to  such  writ  by  attachment,  or  by  man- 
damus, requiring  such  board  to  levy  a tax  for  the  payment 
of  said  judgment ; and  all  legal  process,  as  well  as  writs  to 
enforce  payments  of  a judgment,  shall  be  served  either  on 
the  president  or  clerk  of  the  board. 

EXAMINATION  AND  QUALIFICATIONS  OF  TEACHERS. 

§ 50  * No  teacher  shall  be  authorized  to  teach  a common  Qualifications 
school  under  the  provisions  of  this  act  who  is  not  of  good  — 1 branches, 
moral  character  and  who  does  not  possess  a certificate  as 
required  by  this  section.  It  shall  be  the  duty  of  the  county 
superintendent  to  grant  certificates  to  such  persons  as  may, 
upon  due  examination,  be*  found  qualified  j and  said  certifi- 
cates shall  be  of  two  grades  : those  of  the  first  grade  shall  two  grades  of 
be  valid  for  two  years,  and  shall  certify  that  the  person  to  certificates, 
which  such  certificate  is  given  is  qualified  to  teach  orthogra- 
phy, reading  in  English,  penmanship,  arithmetic,  English 
grammar,  modern  geography,  the  elements  of  the  natural  sci- 
ences, the  history  of  the  United  States,  physiology  and  the 
laws  of  health.  Certificates  of  the  second  grade  slial  1 be  valid 
for  one  year,  and  shall  certify  that  the  person  to  whom 
such  certificate  is  given  is  qualified  to  teach  orthography, 


As  amended  by  the  act  approved  March  30,  1874. 


22 


reading  in  English,  penmanship,  arithmetic,  English  gram- 
mar, modern  geography  and  the  history  of  the  United 
Renewal  and  States.  The  county  superintendent  may,  at  his  option, 
vocation*  renew  said  certificates  at  their  expiration , by  hisendo  rsement 

thereon,  and  may  revoke  the  same  at  any  time,  for  immor- 
ality, incompetency,  or  other  just  cause.  Said  certificate 
may  be  in  the  following  form,  viz: 


“ Illinois 18.. 

-p,  „ County. 

lorm  01  cer-  “ The  undersigned  having  examined in  orthogranhy,  reading  in 

ncate.  English,  penmanship,  arithmetic,  English  grammar,  modern  geography,  the 

history  of  the  United  States,  and  being  satisfied  that  is  of  good 

moral  character,  hereby  certifies  that qualifications  in  the  above 

branches  are  such  as  to  entitle to  this  certificate  of  the 

grade,  and  valid  in  said  county  for year  from  the  date  thereof,  renewable 

at  the  option  of  the  county  superintendent  by  his  endorsement  thereon. 

Given  under  my  hand  and  seal  at  the  date  aforesaid. 

A.  B.  County  Superinte  iue.U  of  Schools .” 


Graduates  of  In  any  county  in  which  a county  normal  school  is  es- 
schoofs  normal  tablished,  under  the  control  of  a county  board  of  education, 
the  diplomas  of  graduates  in  said  normal  school  shall^  when 
directed  by  said  board,  be  taken  by  the  county  superintend- 
ent as  sufficient  evidence  of  qualifications  to  entitle  the 
Record.  holder  to  a first  class  certificate.  Each  county  superintend- 
ent shall  also  keep  a record,  in  a book  provided  for  that 
purpose,  of  all  teachers  to  whom  he  grants  certificates. 
Said  record  shall  show  the  date  and  grade  of  each  certificate 
granted,  and  the  name,  age  and  nativity  “of  each ‘teacher  ; 
and  shall  give  the  names  of  male  and  female  teachers  sepa- 
rately. Said  record  may  be  as  follows,  viz  : 


Name. 

Age. 

N tivity. 

Date. 

Grade. 

Remarks. 

Chas.  Thompson 

25 

Illinois. 

March  1,  1864. 

1 

Has  taught  5 y’rs 

A copy  or  transcript  of  saie  record  shall  be  transmitted 
by  the  county  superintendent,  with  his  regular  report,  to 
state  certifi-  the  state  superintendent.  The  state  superintendent  of 
cates.  public  instruction  is  hereby  authorized  to  grant  state  certi- 

ficates to  such  teachers  as  may  be  found  worthy  to  receive 
them,  which  shall  be  of  perpetual  validity  in  every  county 
and  school  district  in  the  state.  JBut  state  certificates  shall 
only  be  granted  upon  public  examination,  of  which  due 
notice  shall  be  given,  m such  branches  and  upon  such  terms, 
and  by  such  examiners,  as  the  state  superintendent  and  the 
principals  of  the  normal  universities  may  prescribe.  Said 
certificates  may  be  revoked  by  the  state  superintendent 
upon  proof  of  immoral  or  unprofessional  conduct.  Every 
Kind  of  schools  school  established  under  the  provisions  of  this  act  shall  be 
required.  for  the  instruction  in  the  branches  of  education  prescribed 
in  the  qualifications  for  teachers,  and  in  such  other  branch- 
es, including  vrcal  music  and  drawing,  as  the  directors  or 
voters  of  the  district,  at  the  annual  election  of  directors, 
may  prescribe. 

Quarterly  ex-  § 51.  it  shall  be  the  duty  of  the  county  superintendent 
amina  ions.  or  t)0ar(j  0f  examiners,  as  the  case  may  be,  to  hold  meet- 


23 


ings  at  least  quarterly,  and  oftener  if  necessary,  for  the 
examination  of  teachers,  on  such  days  and  at  such  places 
ia  the  respective  counties  as  will,  in  their  opinion,  accommo- 
date the  greatest  number  of  persons  desiring  such  examina- 
tion. Notice  of  such  meetings  shall  be  published  a suffi- 
cient length  of  time,  in  at  least  one  newspaper  of  general 
circulation,  the  expense  of  such  publication  to  be  paid  out 
of  the  school  fund.  The  county  superintendent  or  board 
of  examiners  shall,  in  no  case  exact  or  receive  any  fee  for 
certificates. 

TEACHERS— THEIR  DUTIES. 

§ 52.  No  teacher  shall  be  entitled  to  any  portion  of  the 
common  school  or  township  fund,  or  other  public  fund,  or  possess ^certm- 
be  employed  to  teach  any  school  under  the  control  of  any  pioymeSre  em' 
board  of  directors  of  any  school  district  in  this  state,  who 
shall  not  at  the  time  of  his  employment,  have  a certificate 
of  qualification,  obtained  under  the  provisions  of  this  act ; 
nor  shall  any  teacher  be  paid  any  portion  of  the  school  or 
public  fund  aforesaid,  unless  he  shall  have  kept  and  furnished 
schedules  as  herein  directed,  and  shall  have  satisfactorily  Must  return 
accounted  for  the  books,  apparatus  and  other  property  of  the sc]aedule- 
district  that  he  may  have  taken  in  charge. 

§ 53.  Teachers  shall  make  schedules  of  the  names  of  all  schedule  must 
scholars  under  twenty-one  years  of  age,  attending  their 111  form- 
schools,  in  the  form  prescribed  by  this  act ; and  When  schol- 
ars reside  in  two  or  more  districts,  townships  or  counties, 
separate  schedules  shall  be  kept  for  each  district,  township 
or  county ; and  the  absence  er  presence  of  every  scholar 
shall  be  set  down  under  the  proper  date,  and  opposite  the 
name,  on  every  day  that  school  is  open  ; and  the  absence  of 
a scholar  shall  be  signified  by  a blank — the  presence  by  a 
mark.  The  schedule  to  be  made  and  returned  by  the 
teacher  shall  be  as  near  as  circumstances  will  permit,  in  the 
following  form,  viz: 


Notine. 


No  fee. 


Tao  atq  mnaf 


* 


24 


Form  of  sche- 
dule. 


Teacher  to  cer- 
v tify. 


Schedule  to  he 
delivered  to  di- 
rectors. 


Directors  to 
certify. 


Schedule  of  a common  school  Jcept  by  A B,  at , in  district  number , in 

township  number  , range  number , of  the principal  meridian , in 

the  county  of , in  the  state  of  Illinois : 


Grand  number  of  days. 


Males. 

Fem’les 

Total. 

Number  of  scholars 

2 

2 

4 

Average  daily  attendance 3.2 


And  said  teacher  shall  add  up  and  set  down  the  whole 
number  of  days’  attendance  of  each  scholar,  and  add  up 
said  whole  numbers,  and  make  out  the  grand  total  number 
of  days’  attendance.  He  shall  also  note  the  whole  number 
of  scholars,  giving  the  males  and  females  separately ; the 
average  daily  attendance ; and  shall  set  the  age  of  each  pu- 
pil opposite  the  name  of  said;  pupil,  as  in  the  form  above 
prescribed,  and  shall  attach  thereto  his  certificate,  which 
shall  be  in  the  following  form,  viz : 

I certify  that  the  foregoing  schedule  of  scholars  attending  my  school,  as  therein 
named,  and  residing  as  specified  in  said  schedule,  to  the  best  of  my  knowledge  and 
belief,  is  correct. 

AB, \Teacher. 

When  the  teacher  shall  have  completed  his  or  her  sched- 
ule or  schedules,  as  above  required,  he  or  she  shall  deliver 
it  to  some  one  of  the  directors $ and  it  shall  be  the  duty  of 
said  director,  in  connection  with  one  other  director  of  the 
board,  to  carefully  examine  such  schedule  or  schedules,  and, 
after  correcting  all  errors,  if  they  shall  find  such  schedule 
to  have  been  kept  according  to  law,  they  shall  certify  to  the 
same  as  near  as  practicable,  in  the  following  form,  viz : 


25 


V 


direc- 


Limit  of  time. 


State  op  Illinois,  ) aa 

County.  5 88  * 

¥e.  the  undersigned,  directors  of , in  township  number , range  number 

, in  the  county  aforesaid,  certify  that  we  have  examined  the  foregoing  schedule, 

and  find  the  same  to  be  correct,  and  that  the  school  was  conducted  according  to  law. 

That  there  is  now  due  said  C D,  teacher,  as  per  contract,  the  sum  of dollars 

and cents,  and  that  the  said  teacher  has  a legal  certificate  of  good  moral  char- 

acter, and  of  qualification  to  teach  a common  school  (or  of  such  grade  as  the  case 
may  be),  and  that  the  property  of  the  district  in  charge  of  such  teacher  has  been 
satisfactorily  accounted  for. 

"Witness  our  hands,  this day  of , A.  D.  18.. 

q p’  | Directors. 

Which  schedule  or  schedules,  certified,  as  aforesaid,  by  at  gchednletobe 
least  two  directors,  shall  be  filed  by  said  directors  with  the  filed  with  treas- 
towuship  treasurer;  and  until  such  schedule  and  report,  a^s  JJjf'  by 
aforesaid,  shall  have  been  filed  as  aforesaid,  it  shall  not  be 
lawful  for  said  treasurer  to  pay,  said  teacher,  or  any  two 
members  thereof  to  draw  an  order  in  favor  of  said  teacher. 

§ 54.  School  directors  shall  certify  no  schedule  that 
reaches  back  to  a time  more  than  six  months  from  the  time 
fixed  by  law  for  the  regular  return  of  schedules  to  the  town- 
ship treasurer.  Schedules  made  and  certified  as  aforesaid, 
shall,  at  least  two  days  before  the  first  Monday  in  April  and 
October,  be  delivered  by  the  directors  to  the  township  trea- 
surer. The  director,  or  directors,  to  whom  the  schedule  is 
delivered  by  the  teacher,  shall  receipt  for  the  same  ; which 
receipt  shall  be  evidence  in  favor  of  the  teacher,  and  against 
the  director  or  directors;  and  the  directors  shall  be  person- 
ally liable  for  any  loss  sustained  by  the  teacher  through 
their  failure  to  deliver  the  schedule  to  the  township  treasu- 
rer within  the  time  fixed  by  law.  Teachers’  schedules  are 
hereby  declared  payable  monthly,  upon  the  presentation  of  monthly, 
schedules,  duly  certified  by  the  directors  ; and  for  any  por- 
tion of  the  amount  certified  in  said  schedules,  by  the  direc- 
tors, to  be  due,  and  remaining  unpaid  after  the  same  be- 
comes due,  teachers  shall  be  entitled  to  interest  at  the  rate 
of  ten  (10)  per  cent,  per  annum,  until  paid ; and  it  is  hereby 
made  the  duty  of  all  school  directors,  trustees  and  township 
treasurers,  to  allow  and  pay  said  rate  of  interest  upon  all 
unpaid  balances  due  teachers,  as  aforesaid ; and  said  bal- 
ances shall  be  paid  out  of  the  first  moneys  coming  into  the 
hands  of  the  township  treasurer,  to  the  credit  of  the  pro- 
per district,  and  not  otherwise  previously  and  specifically 
appropriated.  The  school  month  shall  comprise  twenty-two 
school  days  actually  taught.  Teachers  shall  not  be  required 
to  teach  on  legal  holidays,  thanksgiving,  or  fast  days  ap- 
pointed by  state  or  national  authority. 


Receipt. 


Liability. 


Payable 


Interest. 


School  month. 


TOWNSHIP  TREASURER — HIS  DUTIES. 

§ 55.  The  township  treasurer,  appointed  by  the  board 
of  trustees,  shall,  before  entering  upon  his  duties,  execute  sh^ueasurlr 
a bond,  with  two  or  more  freeholders,  who  shall  not  be 
members  of  the  board,  as  securities,  payable  to  the  board  of 
the  township  for  which  he  is  appointed  treasurer,  with  a suffi- 
cient penalty  to  cover  all  liabilities  which  may  be  incurred, 
conditioned  faithfully  to  perform  all  the  duties  of  township 
—3 


26 


treasurer,  in  township  , range , in county, 

Approval.  according  to  law.  The  bond  shall  be  approved  by  at  least 
a majority  of  the  board,  and  shall  be  delivered  by  one  of 
the  trustees  to  the  county  superintendent  of  the  proper 
county.  And  in  all  cases  where  such  treasurer  aforesaid  is 
to  have  the  custody  of  all  bonds,  mortgages,  moneys  and 
effects  denominated  principal,  and  belonging  to  the  town- 
ship for  which  he  is  appointed  treasurer,  the  penalty  of  said 
treasurer’s  bond  shall  be  twice  the  amount  of  said  bonds, 
Penalty  of  bond  notes,  mortgages,  moneys  and  effects.  The  penalty  of  said 
bond  shall  be  increased  from  time  to  time,  as  the  increase 
of  the  amount  of  notes,  bonds,  mortgages  and  effects  may 
require.  And  every  township  treasurer  appointed  subse- 
quent to  the  first,  as  herein  provided,  shall  execute  bond 
with  security  as  is  required  of  the  first  treasurer.  The 
bond  required  in  tkis  section  shall  be  in  the  following  form, 
viz : i 

Form  of  bond.  State  of  Illinois,  ? 

County,  v' 

Know  all  men  by  these  presents,  that  we.  A B,  C D and  E F.  are  held  and  firmly 

bound,  jointly  and  severally,  unto  the  board  of , in  said  county,  in  the  penal 

sum  of dollars,  for  the  payment  of  which  we  bind  ourselves,  our  heirs,  execu- 

tors and  administrators,  firmly  by  these  presents. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals  this day  of , 

A.  D.  18.. 

The  condition  of  the  above  obligation  is  such,  that  if  the  above  bounden  A B. 

township  treasurer  of  township , range , in  the  county  aforesaid,  shall 

faithfully  discharge  all  the  duties  of  said  office  according  to  the  laws  which  now  are 
or  may  hereafter  be  iu  force,  and  shall  deliver  to  to  his  successor  in  office  all  moneys, 
books,  papers,  securities  and  property  in  his  hands  as  such  township  treasurer,  then 
this  obligation  to  be  void : otherwise  to  remain  in  full  force  and  virtue. 

Approved  and  accepted  by 

Gr  H,  ) A B,  [SEAL.] 

I J,  > Trustees.  C D,  [seal.1 

K L,  ) E F,  [seal.] 

Accounts  of  § 56.  Every  township  treasurer  shall  provide  himself 
treasurer.  with  £W0  wep  bound  books,  the  one  to  be  called  a cash 
book,  the  other  a loan  book.  He  shall  charge  himself  in 
the  cash  book  with  all  moneys  received,  statiDg  the  charge, 
when,  from  whom,  and  on  what  account  received;  ancl 
credit  himself  with  all  moneys  paid  or  loaned’  stating  the 
amount  loaned,  the  date  of  the  loan,  the  rate  of  interest, 
the  time  when  payable,  the  name  of  the  securities,  or,  if 
real  estate  be  taken,  a description  of  the  same.  He  shall 
also  enter,  in  separate  accounts,  moneys  received  and 
moneys  paid  out,  charging  the  first  to  debit  account,  and 
crediting  the  latter,  as  follows,  to- wit : 

Mr st — The  principal  of  the  township  fund,  when  paid  in, 
and  when  paid  out. 

Second — The  interest  of  the  township  fund,  when  received, 
and  when  paid  out. 

Third — The  common  school  fund  and  other  funds,  when 
received  from  the  county  superintendent,  and  when  paid 
out. 

Fourth — The  taxes  received  from  the  county  or  town  col- 
lector, distinguishing  between  that  for  general  school  pur- 
poses and  that  levied  for  the  purpose  of  prolonging  schools. 

jp0/i^_Donations  received. 

Sixthr— Moneys  coming  from  all  other  sources  ; and  in  all 
ca‘ses  entering  the  date  when  received  and  when  paid  out. 
And  he  shall  also  arrange  and  keep  his  books  and  accounts 


27 


in  such  other  manner  as  may  be  directed  by  the  state  or 

county  superintendent,  or  the  board  of  trustees.  He  shall 

also  provide  a book,  to  be  called  a journal,  in  which  he  shall 

record,  fully  and  at  length,  the  acts  and  proceedings  of  the 

board,  their  orders,  by-la,ws  and  resolutions,  And  he  shall  andCbondi.note8 

also  provide  a book,  to  be  called  a record,  in  which  he  shall 

enter  a brief  description  of  all  notes  or  bonds  belonging  to 

the  township,  and  upon  the  opposite  page  he  shall  note 

down  when  paid,  or  any  remarks  to  show  where  or  in  what 

condition  it  is,  as  in  the  following  form,  viz : 


Makers’  names. 

Date  of  note. 

When  due. 

Ain't. 

Remarks. 

A B,  C D,  E F. 

January  1st,  18 — 

January  1st,  18 — 

$90  00 

January  6th,  18 — , 
handed  to  I J,  for 
collection,  (or  Jan.  6, 
18—,  paid.) 

All  the  books  and  accounts  of  the  treasurer  shall  a t all  subject  to  in- 
times  be  subject  to  the  inspection  of  the  trustees,  directors,  8Pectlon- 
or  other  person  authorized  by  this  act,  or  by  any  committee 
appointed  by  the  voters  of  the  township,  at  the  annual  elec- 
tion of  trustees,  to  examine  the  same. 

§ 57.  Township  treasurers  shall  loan,  upon  the  following  Loans, 
conditions,  all  moneys  which  shall  come  to  their  hands  by 
virtue  of  their  office,  except  such  as  may  be  subject  to  dis- 
tribution. The  rate  of  interest  shall  not  be  less  than  eight  Eateofintere8t. 
per  cent.,  nor  more  than  ten  per  cent,  per  annum,  payable 
half  yearly  in  advance ; the  rate  of  interest  to  be  determined 
by  a majority  of  the  township  trustees,  at  any  regular  or  spe- 
cial meeting  of  their  board.  No  loans  shall  be  made  for 
less  than  six  months,  or  more  than  five  years.  For  all  sums 
not  exceeding  one  hundred  dollars,  loaned  for  not  more  Security, 
than  one  year,  two  responsible  sureties  shall  be  given  ; for 
all  sums  over  one  hundred  dollars,  aud  for  all  loans  for 
more  than  one  year,  security  shall  be  given  by  mortgage  on 
real  estate,  unincumbered,  in  value  double  the  amount 
loaned,  with  a condition  that  in  case  additional  security 
shall  at  any  time  be  required,  the  same  shall  be  given  to 
the  satisfaction  of  the  board  of  trustees  for  the  time  being : 

Provided,  that  nothing  herein  shall  prevent  the  loaning  of  Loans  may  be 
township  funds  to  boards  of  school  directors,  taking  bonds  t0  direc' 
therefor,  as  provided  in  section  forty-seven  of  this  act. 

Notes,  bonds,  mortgages  and  other  securities  taken  for  payabie  in  cor- 
money  or  other  property,  due  or  to  become  due  to  the  board  poratename. 
of  trustees  for  the  township,  shall  be  payable  to  the  said 
board  by  their  corporate  name ; and  in  such  name  suits,  ac- 
tions and  complaints,  and  every  description  of  legal  pro- 
ceedings, may  be  had  for  the  recovery  of  money,  the  breach 
of  contracts,  and  for  every  legal  liability  which  may  at  any 
time  arise  or  exist,  or  upon  which  a right  of  action  shall 
accrue  to  the  use  of  this  corporation:  Provided,  however,  vaUd  in  other 
that  notes,  bonds,  mortgages  and  other  securities  in  which  names- 
the  name  of  the  county  superintendent  or  of  the  trustees  of 
schools  are  inserted,  shall  be  valid  to  all  intents  and  pur- 


28 


poses  j and  suit  shall  be  brought  in  the  name  of  the  board 
of  trustees  as  aforesaid.  The  wife  of  the  mortgagor  (if  he 
has  one)  shall  join  in  the  mortgage  given  to  secure  the  pay- 
ment of  money  loaned  by  virtue  of  the  provisions  of  this 
act.  Where  there  is  a surplus  of  funds  in  the  treasurer’s 
Surplus.  hands,  belonging  to  any  school  district,  he  may  loan  the 
same  for  the  use  and  benefit  of  said  district,  upon  the  writ- 
ten request  of  the  directors  of  such  district,  and  not  other- 
wise ; and  all  such  loans  shall  be  on  the  same  conditions  as 
are  prescribed  in  this  section  for  the  loaning  of  township 
funds. 

§ 58.  Mortgages,  to  secure  the  payment  of  money  loaned 
Formofmort- unc^er  th0  provisions  of  this  act,  may  be  in  the  following 
gage.  form,  viz: 

I,  A B,  of  the  county  of , and  state  of , do  hereby  grant,  convey 

and  transfer  to  the  board  of  trustees  of  township  , range , in  the  county 

of and  state  of  Illinois,  for  the  use  of  the  inhabitants  of  said  township, 

the  following  described  real  estate,  to- wit  : (Here  insert  premises.)  Which  real  estate 

I declare  to  be  in  mortgage  for  the  payment  of dollars  loaned  to  me,  and  for 

the  payment  of  all  interest  that  may  accrue  thereon,  to  be  computed  at  the  rate  of 

per  cent,  per  annum  until  paid.  And  I do  hereby  covenant  to  pay  the  said 

sum  of  money  in years  from  the  date  hereof,  and  to  pay  interest  on  the  same 

at  the  rate  aforesaid,  half-yearly  in  advance.  1 further  covenant  that  I have  a good 
and  valid  title  to  said  estate,  and  that  the  same  is  free  from  all  incumbrance ; and 
that  I will  pay  all  taxes  and  assessments  which  may  be  levied  on  said  estate  : and 
that  I will  give  any  additional  security  that  may  at  any  time  be  required,  in  writing, 
by  said  board  of  trustees  ; and  if  said  estate  be  sold  to  pay  said  debt,  or  any  part 
thereof,  or  for  any  failure  or  refusal  to  comply  with  or  perform  the  conditions  or 
covenants  herein  contained,  I will  deliver  immediate  possession  of  the  premises  ; 
and  we,  A B,  and  C,  wife  of  A B,  hereby  release  all  right  to  the  said  premises  which 
we  may  have  by  virtue  of  any  homestead  laws  of  this  state  ; and  in  consideration  of 
the  premises,  C,  wife  of  said  A B,  doth  hereby  release  to  the  said  board  all  her  right 
and  title  of  dower  in  the  aforegranted  premises,  for  the  purposes  aforesaid. 

In  testimony  whereof,  we  have  hereunto  set  our  hands  and  seals  this day  of 

,18.. 

A B,  [SEAL.] 

C D,  [seal.] 


Which  mortgage  shall  be  acknowledged  and  recorded  as 
Mort  a e to  re<luire(l  by  law  for  other  conveyances  of  real  estate,  the 
be  recorded.  ° mortgagor  paying  the  expenses  of  acknowledgment  and  re- 
cording. 


Action 

mortgage. 


§ 59.  Upon  the  breach  of  any  condition  or  stipulation 
contained  in  said  mortgage,  an  action  may  be  maintained 
and  damages  recovered  as  upon  other  covenants  ; but  mort- 
gages made  in  any  other  form  to  secure  payment,  as  afore- 
said, shall  be  valid  as  if  no  form  had  been  prescribed.  In 
estimating  the  value  of  real  estate  mortgaged  to  secure  the 
payment  of  money  loaned  under  the  provisions  of  this  law, 
the  value  of  improvements  liable  to  be  destroyed  shall  not 
be  included. 

§ 60.  In  all  cases  where  the  board  of  trustees  shall  re- 
Additionai se- quire  additional  security  for  the  payment  of  money  loaned, 
ounty.  and  guflh  security  shall  not  be  given,  the  township  treasurer 

shall  cause  suit  to  be  instituted  for  the  recovery  of  the 
same,  and  all  interest  thereon,  to  the  date  of  judgment : 
Provided , that  proof  be  made  of  the  said  requisition.  In 
the  payment  of  debts  by  executors  and  administrators, 
Preference  ^ose  due  the  common  school  or  township  fund  shall  have 
given  debts  a preference  over  all  other  debts,  except  funeral  and  other 
J expenses  attending  the  last  sickness,  not  including  the 
physician’s  bill.  And  it  shall  be  the  duty  of  the  township 
treasurer  to  attend  at  the  office  of  the  pro  bate  justice,  upon 


due  school  fund. 


29 


the  proper  day,  as  other  creditors,  and  have  any  debts,  as 
aforesaid,  probated  and  classed,  to  be  paid  as  aforesaid.  Default  in 

§ 61.  If  default  be  made  in  the  payment  of  interest  due  p|nStyt_" 
upon  money  loaned  by  any  county  superintendent  or  town- 
ship treasurers,  or  in  the  payment  of  the  principal,  interest 
at  the  rate  of  twelve  per  cent  per  annum  shall  be  charged 
upon  the  principal  and  interest  from  the  day  of  default, 
which  shall  be  included  in  the  assessment  of  damages,  or  in 
the  judgment  in  suit  or  action  brought  upon  the  obligation 
to  enforce  payment  thereof;  and  interest  as  aforesaid  may 
be  recovered  in  action  brought  to  recover  interest  only. 

And  the  said  township  treasurers  are  hereby  empowered  to  Action  to  re- 
bring appropriate  actions,  in  the  name  of  the  board  of  trus- cover  inter  st- 
tees,  for  the  recovery  of  the  half-yearly  interest,  when  due 
and  unpaid,  without  suing  for  the  principal,  in  whatever 
form  secured,  and  justices  of  the  peace  shall  have  jurisdic- 
tion in  such  cases  of  all  sums  of  two  hundred  dollars.  Manner  of 

§ 62.  All  suits  brought,  or  actions  instituted  under  thebrln8ing suits' 
provisions  of  this  act,  may  be  brought  in  the  name  of  the 

“Board  of  Trustees  of  Township , Range except 

as  is  provided  for  action  qui  tam  in  this  act,  or  in  favor  of 
county  superintendents.  The  township  treasurer-  shall  de-  t0^si,eVeas 
maud,  receive  and  safely  keep,  according  to  law,  all  moneys,  u°rer.s  P iea8~ 
books  and  papers  of  every  description  belonging  to  his 
township.  He  shall  keep  the  township  fund  loaned  at  in- 
terest ; and  if,  on  the  first  Monday  in  October  in  any  year, 
there  shall  be  any  interest  or  other  funds  on  hand  which 
shall  not  be  required  for  distribution,  such  amount,  not  re- 
quired as  aforesaid,  may,  if  the  board  of  trustees  see  proper, 
forever  be  considered  as  principal  in  the  funds  to  which  it 
belongs,  and  loaned  as  such. 

§ 63.  On  the  first  Mondays  of  April  and  October,  of  Treasurer,a 
every  year,  the  township  treasurer  shall  lay  before  the  report  to  trus- 
board  of  trustees  a statement,  showing  the  amount  of  inter- tees- 
est,  rents,  issues  and  profits  that  have  accrued  or  become 
due  since  their  last  regular  half-yearly  meeting,  on  the  town- 
ship lands  and  township  funds,  and  also  the  amount  of  state 
and  county  fund  interest  on  hand.  He  shall  also  lay  before 
the  said  trustees  all  books,  notes,  bonds,  mortgages  and  all 
other  evidence  of  indebtedness  belonging  to  the  township, 
for  the  examination  of  the  trustees,  and  shall  make  such 
other  statement  as  the  board  may  require  touching  the  du- 
ties of  his  office.  The  township  treasurer  shall  also,  on  the  Exhibit  to 
first  Mondays  of  April  and  October  of  each  year,  make  a directors- 
full  settlement  with  the  respective  boards  of  directors  in  his 
township,  and  shall  deliver  to  the  clerk  of  each  of  said 
boards,  on  demand,  a statement  or  exhibit,  showing  the  ex- 
act condition  of  the  account  of  each  district,  and  the  amount 
of  funds  of  every  description  in  his  hands,  to  the  credit  of 
and  belonging  to  each  district,  respectively,  and  subject  to 
the  order  of  the  directors  thereof.  He  shall  make  out,  an- 
nually, and  jmesent  at  the  meeting  of  the  board  of  trustees  trustees.1 6 to 
succeeding  the  annual  election,  a complete  exhibit  of  the 
fiscal  affairs  of  the  township  and  of  the  several  districts, 


30 


Treasurer  lia- 
ble for  failure. 


Not  liable 
when  acting 
under  orders 
of  board. 


Bonds,  secu- 
rities, etc.,  to 
be  turned  ov’r 
to  successor. 


Penalty  and 
judgment. 


Sale  of  six- 
teenth section. 


Principal  of 
township  fund 


showing  the  receipts  of  moneys,  and  the  sources  from  which 
they  have  been  derived,  and  the  deficit  and  delinqnences, 
if  there  be  any,  and  their  cause,  as  well  as  a classified  state- 
ment of  moneys  paid  out,  and  amount  of  obligations  re- 
maining unpaid. 

§ 64.  For  aiiy  failure  or  refusal  to  perform  all  the  duties 
required  of  township  treasurer  by  law,  he  shall  be  liable  to 
the  board  of  trustees  upon  his  bond,  to  be  recovered  by  ac- 
tion of  debt  by  said  board,  in  their  corporate  name,  for  the 
use  of  the  proper  township,  before  any  court  having  juris-’ 
diction  of  the  amount  of  damages  claimed  ; but  if  said  treas- 
urer, in  any  such  failure  or  refusal,  acted  under  and  in  con- 
formity to  a requisition  or  order  of  said  board,  or  a majority 
of  them,  entered  upon  their  journal  and  subscribed  by  their 
president  and  clerk,  then  and  in  that  case  the  members  of 
the  said  board,  aforesaid,  or  those  of  them  voting  for  said 
requisition  or  order  aforesaid,  and  not  the  treasurer,  shall 
be  liable,  jointly  and  severally,  to  the  inhabitants  of  the 
township,  to  be  recovered  by  an  action  of  assumpsit,  in  the 
official  name  of  the  county  superintendent  of  schools,  for 
the  use  of  the  proper  township. 

§ 65.  When  a township  treasurer  shall  resign,  or  be  re 
moved,  and  at  the  expiration  of  his  term  of  office,  he  shall 
pay  over  to  his  successor  in  office  all  money  on  hand,  and 
deliver  over  all  books,  notes,  bonds,  mortgages,  and  all 
other  securities  for  money,  and  all  papers  and  documents 
of  every  description,  in  which  the  corporation  may  have 
any  interest  whatever ; and  in  case  of  the  death  of  the  town- 
ship treasurer,  his  securities  and  legal  representatives  shall 
be  bound  to  comply  with  the  requisitions  of  this  section.  And 
for  any  failure  to  comply  with  the  requisitions  of  this  section 
he  shall  be  liable  to  a penalty  of  not  less  than  ten  nor  more 
than  one  hundred  dollars,  at  the  discretion  of  the  court  be- 
fore Avhich  judgment  may  be  obtained  ; and  the  obtaining 
or  payment  of  said  judgment  shall  in  nowise  discharge  or 
diminish  the  obligation  of  his  official  bond. 

TOWNSHIP  AND  COUNTY  SCHOOL  FUNDS. 

§ 66.  All  bonds,  notes,  mortgages,  moneys  and  effects, 
which  have  heretofore  accrued,  or  may  hereafter  accrue, 
from  the  sale  of  the  sixteenth  section  of  the  common  school 
lands  of  any  township  or  county,  or  from  the  sale  of  any 
real  estate  or  other  property,  taken  on  any  judgment  or  for 
any  debt  due  to  the  principal  of  any  township  or  county 
fund,  and  all  other  funds  of  every  description,  which  have 
been  or  may  hereafter  be  carried  to  and  made  part  of  the 
principal  of  any  township  or.  county  fund,  by  any  law  which 
has  heretofore  been,  is  now,  or  may  hereafter  be  enacted, 
are  hereby  declared  to  be  and  shall  forever  constitute  the 
principal  of  the  township  or  county  fund,  respectively,  and 
no  part  thereof  shall  ever  be  distributed  or  expended  for 
any  purpose  whatever,  but  shall  be  loaned  out,  and  held  to 
use,  rent  or  profit,  as  provided  by  Jaw.  But  the  interest. 


31 


\ 


rents,  issues  and  profits,  arising  and  accruing  from  the  prin-  tr-g^edSt  dis‘ 
cipal  of  said  township  or  county  fund,  shall  be  distributed 
in  the  manner  and  at  the  times  as  provided  in  this  act ; nor 
shall  any  part  of  such  interest,  rents,  issues  and  profits  be 
carried  to  the  principal  of  the  respective  funds,  except  as 
provided  in  section  sixty -two  of  this  act. 

§ 67.  School  funds  collected  from  special  taxes,  levied  ah  funds  to 
by  order  of  school  directors,  or  from  the  sale  of  property  orders*  o?  di- 
belonging to  any  district,  shall  be  paid  out  on  the  order  ofrectors- 
the  proper  board  of  directors  ; and  all  other  moneys  and 
school  funds,  liable  to  distribution,  paid  into  the  township 
treasury,  or  coming  into  the  hands  of  the  township  treasurer, 
shall,  after  said  funds  have  been  apportioned  by  the  town- 
ship trustees,  as  required  in  section  thirty-four  of  this  act, 
be  paid  out  only  on  the  order  of  the  proper  board  of  direc- 
tors, signed  by  the  president  and  clerk  of  said  board,  or  by 
a majority  of  such  board.  For  all  payments  made,  receipts 
shall  be  taken  and  filed.  In  all  such  orders  shall  be  stated 
the  purpose  for  which,  or  on  what  account  drawn.  Said 
orders  may  be  in  the  following  form,  viz  : 


The  treasurer  of  township  No , range  No , in county,  Form  of  order. 

wili  pay  to , or  bearer dollars  and cents  (on  his  contract 

for  repairing  school  house,  or  whatever  the  purpose  may  be). 

By  order  oi  the  board  of  directors  of  district  No in  said  township. 

C D,  Clerk.  A B,  President. 


Which  order,  together  with  the  receipt  of  the  person  to  Recelpt  to 
whom  paid,  shall  be  filed  in  the  office  of  the  township  be  med. 
treasurer. 


COMMON  SCHOOL  FUNDS. 

§ 68.  *The  common  school  fund  of  this  state  shall  con-  Two-miii tax 
sist  of  the  proceeds  of  a two  mill  tax,  to  be  levied  upon  each  etc- 
dollar’s  valuation  of  the  property  in  the  state  annually, 
until  otherwise  provided  bylaw;  the  interest  on  what  is 
known  as  the  “School  Fund”  proper,  being  three  per  cent, 
upon  the  net  proceeds  of  the  sales  of  the  public  lands  in  this 
state,  one-sixth  part  excepted,  and  the  interest  on  what  is 
known  as  the  “Surplus  lie  venue,”  distributed  by  act  of  con- 
gress, and  made  a part  of  the  common  school  fund  by  act  of 
the  legislature,  March  four,  eighteen  hundred  and  thirty- 
seven. 

§ 69.  The  state  shall  pay  the  interest  mentioned  in  the  state  t0  pay 
next  proceeding  section  at  the  rate  of  six  per  cent,  per  interest, 
annum,  annually,  to  be  paid  into  and  become  a part  of  said 
school  fund. 

§ 70.  *On  the  first  Monday  in  January,  in  each  and  Auditor  to 
every  year  next  after  taking  the  census  of  the  state,  the  affiand issue 
auditor  of  public  accounts  shall  ascertain  the  number  of  warrants, 
children  in  each  county  in  the  state,  under  twenty-one 
years  of  age,  and  shall  thereupon  make  a dividend  to  each 


•The  twenty-third  clause  of  the  act  to  provide  for  the  ordinary  and  contin- 
gent expenses  of  the  State  Government,  etc.,  approved  May  3d,  1873,  provides 
that,  in  lieu  of  the  two  mill  school  tax,  there  shall  be  appropriated  : “The  sum 
of  one  million  dollars,  annually,  out  oft  he  State  school  fund,  to  pay  the  amount 
of  the  auditor’s  orders  issued  for  the  distribution  of  said  fund  to  the  several 
counties . 1 he  auditor  shall  issue  his  warrant,  on  the  proper  evidence  that  the 

amount  distributed  has  been  paid  to  the  county  school  superintendents." 


32 


Basis  of. 


State  treas- 
urer to  re- 
ceive war- 
rants from  col- 
lectors. 


Refusal  of 
collector  to 
pay. 


Fixed  by  law 


Appropria- 
tions for  in- 
stitutes. 


Compensation 
of  treasurers. 


Exemption. 


county  of  the  sum  from  the  tax  levied  and  collected  under 
the  provisions  of  the  sixty-eighth  section  of  this  act,  and  of 
the  interest  due  on  the  school  fund  proper  and  surplus  reve- 
nue, in  proportion  to  the  number  of  children  in  each  county 
under  the  age  aforesaid,  and  issue  his  warrant  to  the  super- 
intendent of  schools  of  each  county  upon  the  collector 
thereof.  And  upon  presentation  of  said  warrant  by  the 
county  superintendent  to  the  collector  of  his  county,  said 
collector  or  treasurer  shall  pay  over  to  the  county  superin- 
tendent the  amount  of  said  warrant  out  of  the  first  funds 
which  may  be  collected  by  him,  and  not  otherwise  appro- 
priated by  law,  taking  said  superintendent’s  receipt  therefor. 
The  warrants  issued  by  the  auditor  of  public  accounts  for 
the  school  fund  tax  and  for  the  interest  of  the  school  fund 
proper  and  surplus  revenue,  shall  be  received  by  the  state 
treasurer  in  payment  of  amounts  due  to  the  state  from  county 
collectors $ and  on  presentation,  by  the  state  treasurer,  of 
said  warrants  to  the  auditor,  he  shall  issue  his  warrant  to 
said  treasurer  on  the  school  fund  for  the  amount  of  the 
school  fund  tax  warrants  and  on  the  revenue  fund  for  the 
amount  of  the  warrants  for  interest  on  the  school  fund 
proper  and  surplus  revenue.  Dividends  shall  be  made  as 
aforesaid,  according  to  the  proportions  ascertained  to  be  due 
to  each  county,  annually  thereafter,  until  another  census 
shall  have  been  taken,  and  then  dividends  shall  be  made 
and  continued  as  aforesaid,  according  to  the  last  census : 
Provided , that  if  any  collector  shall  fail  or  refuse  to  pay  the 
amount  of  the  aforesaid  warrant,  or  any  part  thereof,  by  the 
first  day  of  March,  annually,  or  so  soon  thereafter  as  it  may 
be  presented,  it  shall  be  competent  for  the  county  superin- 
tendent to  proceed  against  said  collector  and  his  securities  in 
an  action  of  debt,  in  any  court  having  competent  jurisdic- 
tion ; and  the  said  collector  shall  pay  twelve  per  centum,  to 
be  assessed  as  damages,  upon  the  amount  due,  and  which 
shall  be  included  in  the  judgment  obtained  against  him. 

COMPENSATION  OF  OFFICERS. 

§ 71.  ^Collectors  of  the  two  mill  tax,  authorized  under 
section  sixty-eight  of  this  act,  shall  be  entitled  to  such  com- 
pensation as  is  or  may  be  provided  by  law  for  the  collection 
of  taxes.  County  superintendents  of  schools  shall  hereafter 
receive,  in  full  for  all  services  performed  by  them,  such 
compensation  as  is  or  may  be  fixed  by  law.  Said  compen- 
sation shall  be  payable  quarterly,  out  of  the  county  treasury, 
upon  the  order  of  the  county  clerk  ; and  county  boards  are 
authorized  to  make  appropriations  for  the  holding  of  county 
teachers’  institutes. 

§ 72.  Township  treasurers  shall  receive,  in  full  for  their 
services,  a compensation,  to  be  fixed  prior  to  their  election, 
by  the  board  of  trustees.  Trustees  of  schools,  school  direc- 
tors or  other  school  officers  performing  like  duties,  shall  be 
exempted  from  road  labor  and  from  military  duty. 

*See  note  foot  of  preoeding  page. 


33 


LIABILITIES  OF  OFFICERS. 

§ 73.  If  any  county  superintendent,  trustee  of  schools,  Liable  to  in- 
township  treasurer,  director,  or  any  other  person  intrusted  f^Ssonment 
with  the  care,  control,  management  or  disposition  of  any 
school,  college,  seminary  or  township  fund  for  the  use  of 
any  county,  township,  district  or  school,  shall  convert  such 
funds,  or  any  portion  thereof,  to  his  own  use,  he  shall  be 
liable  to  indictment,  and  upon  conviction  shall  be  fined  in 
not  less  than  double  the  amount  of  money  converted,  and 
imprisoned  in  the  county  jail  not  less  than  one  or  more 
than  twelve  months,  at  the  discretion  of  the  court. 

§ 74.  Trustees  of  schools  shall  be  liable,  jointly  and  Trustees  lia- 
severally,  for  the  sufficiency  of  securities  taken  from  town-  Jftlesof  town- 
ship treasurers  ; and  in  case  of  judgment  against  said  treas-  ship  treasur- 
urers  and  their  securities,  for  or  on  account  of  any  default er8, 
of  such  treasurer,  on  which  the  money  shall  not  be  made 
v for  want  of  sufficient  property  whereon  to  levy  execution, 
actions  on  the  case  may  be  maintained  against  said  trus- 
tees jointly  or  severally,  and  the  amount  not  collected  on 
said  judgment  shall  be  recovered  with  costs:  Provided,  Exceptj0n. 
that  if  said  trustees  can  show  satisfactorily,  that  the  security 
taken  from  the  treasurer  as  aforesaid  was,  at  the  time  of 
said  taking,  good  and  sufficient,  they  shall  not  be  liable  as 
aforesaid. 

§ 75.  The  real  estate  of  county  superintendents,  of  town- 
ship treasurers,  and  all  other  school  officers,  and  of  the  secu-  Real  estate 
rities  of  each  of  them,  shall  be  bound  for  the  satisfaction  an  d ?erseboundffl’ 
I payment  of  all  claims  and  demands  against  said  superin- 
tendents and  treasurers  and  other  officers,  as  such,  from  the 
date  of  issuing  process  against  them,  in  actions  or  suits 
brought  to  recover  such  claims  or  demands,  until  satisfac- 
tion thereof  be  obtained  ; and  no  sale  or  alienation  of  real 
estate  by  any  superintendent,  treasurer  or  other  officer,  orLien- 
security  aforesaid,  shall  defeat  the  lien  created  by  this  sec- 
tion, but  all  and  singular  such  real  estate  held,  owned  or 
claimed  as  aforesaid,  shall  be  liable  to  be  sold  in  satisfaction 
of  any  judgment  which  may  be  obtained  in  such  actions  or 
suits. 

§ 76.  Trustees  of  schools,  or  either  of  them,  failing  or 
x refusing  to  make  returns  of  children  in  their  township,  trustees6  to 
according  to  the  provisions  of  this  act,  or  if  either  of  them  make  returns, 
shall  knowingly  make  a false  return,  the  party  so  offending 
shall  be  liable  to  a penalty  of  not  less  than  ten  dollars,  nor 
more  than  one  hundred  dollars,  to  be  recovered  by  action 
of  assumpsit,  before  any  justice  of  the  peace  of  the  county; 
which  penalty,  when  collected,  shall  be  added  to  the  town- 
ship fund;  and  if  any  county  superintendent,  director  or 
trustee,  or  either  of  them,  or  other  officer  whose  duty  it  is,  dollars" 
shall  negligently  or  willfully  fail  or  refuse  to  make,  furnish  or  y ' c ° ar8’ 
communicate  the  statistics  and  information,  or  shall  fail  to 
discharge  the  duties  enjoined  upon  them,  or  either  of  them, 
at  the  time  and  in  the  manner  required  by  the  provisions  of 
—4 


34 


County  su- 
perintendent 
may  remove 
director. 


Officers  re- 
sponsible for 
loss  of  funds . 


Perversion  of 
funds  to  sec- 
tarian pur- 
poses forbid- 
den. 


Interest  in 
school  books, 
etc. 


Penalties. 


this  act,  such  delinquent  or  party  offending  shall  be  liable  to 
a fine  of  twenty-five  dollars,  to  be  recovered  before  any  jus- 
tice of  the  peace,  on  information  in  tne  name  of  the  People 
of  the  State  of  Illinois,  and  when  collected  to  be  paid  to  the 
county  superintendent  of  the  proper  county,  for  the  use  of 
schools ; and  any  director  failing  to  perform  his  duties  as 
director,  under  this  act,  may  be  removed  by  the  county 
superintendent,  and  a new  election  ordered,  as  in  other  cases 
of  vacancy. 

§ 77.  County  superintendents,  trustees  of  schools,  direc- 
tors and  township  treasurers,  or  either  of  them,  and  any 
other  officer  having  charge  of  school  funds  or  property,  shall 
be  responsible  for  all  losses  sustained  by  any  county,  town- 
ship or  school  fund,  by  reason  of  any  failure  on  his  or  their 
part  to  perform  the  duties  required  of  him  or  them  by 
this  act,  or  by  any  rule  or  regulation  authorized  to  be 
made  by  this  act ; and  each  and  every  one  of  the  officers 
aforesaid  shall  be  liable  for  any  such  loss  sustained  as  afore- 
said, and  the  amount  thereof  may  be  recovered  in  a cifil 
action  before  any  court  having  jurisdiction  thereof,  at  the 
suit  of  the  state  of  Illinois,  for  the  use  of  the  county,  town- 
ship or  fund  injured ; and  the  amount  when  collected,  shall 
be  paid  to  the  proper  officer,  for  the  benefit  of  said  county, 
township  or  fund  injured.  No  county,  city,  town,  town- 
ship, school  district  or  other  public  corporation,  shall  ever 
make  any  appropriation  or  pay  from  any  school  fund  what- 
ever, anything  in  aid  of  any  church  or  sectarian  purpose,  or 
to  help  support  or  sustain  any  school,  academy,  seminary, 
college,  university  or  other  literary  or  scientific  institution 
controlled  by  any  church  or  sectarian  denomination  what- 
ever; nor  shall  any  grant  or  donation  of  money  or  other 
personal  property  ever  be  made  by  any  such  corporation  to 
any  church,  or  for  any  sectarian  purpose ; and  any  officer 
or  other  person,  having  under  his  charge  orjdirection  school 
funds  or  property,  who  shall  pervert  the  same  in  the  man- 
ner forbidden  in  this  section,  shall  be  liable  to  indictment, 
and  upon  conviction  shall  be  fined  in  a sum  not  less  than 
double  the  value  of  the  property  so  perverted,  and  impris- 
oned in  the  county  jail  not  less  than  one  nor  more  than 
twelve  months,  at  the  discretion  of  the  court.  No  teacher, 
state,  county,  township  or  district  school  officer  shall  be  in- 
terested in  the  sale,  proceeds  or  profits  of  any  book,  appa- 
ratus or  furniture  used  or  to  be  used  in  any  school  in  this 
state  with  which  such  officer  or  teacher  may  be  connected, 
and  for  offending  against  the  provisions  of  this*  section  shall 
be  liable  to  indictment,  and  upon  conviction  shall  be  fined 
in  a sum  not  less  than  twenty-five  nor  more  than  five  hun- 
dred dollars  and  may  be  imprisoned  in  the  county  jail  not 
less  than  one  nor  more  than  twelve  months,  at  the  discre- 
tion of  the  court. 


35 


COSTS,  TENURE  OF  OFFICERS  AND  CONTRACTS  UNDER 
FORMER  LAWS. 

§ 78.  No  justice  of  tlie  peace,  probate  justice,  constable,  Costsnot  t0 
clerk  of  any  court,  or  sheriff,  shall  charge  any  costs  in  any  be  charged, 
suit  where  any  agent  of  any  school  fund,  suing  for  the  re- 
covery of  the  same,  or  any  interest  due  thereon,  is  plaintiff, 
and  shall  be  unsuccessful  in  such  suit. 

OF  CITIES  AND  INCORPORATED  TOWNS. 

§ 79.  This  act  shall  not  be  so  construed  as  to  repeal  or  Specia,  acts 
change,  in  any  respect,  any  special  acts  in  relation  to  schools  not  repealed, 
in  cities  having  less  than  one  hundred  thousand  inhabitants, 
or  incorporated  towns,  townships  or  districts,  except  that  it 
shall  be  the  duty  of  the  several  boards  of  education  or  other 
officers  of  any  city  or  incorporated  town,  township  or  dis- 
trict, having  in  charge  schools  under  the  provisions  of  any 
of  the  said  special  acts,  or  of  any  ordinance  of  any  city  0rReport8, 
incorporated  town,  on  or  before  the  second  Monday  of 
October  preceding  each  regular  session  of  the  general  as- 
sembly of  this  state,  or  annually,  if  required  so  to  do  by 
the  state  superintendent,  to  make  out  and  render  a state- 
ment of  all  such  statistics  and  other  information  in  regard 
to  schools,  and  the  enumeration  of  persons,  as  [is]  required  to 
be  communicated  by  township  boards  of  trustees  or  direc- 
tors under  the  provisions  of  this  act,  or  so  much  thereof  as 
may  be  applicable  to  said  city  or  incorporated  town,  to  the 
county  superintendent  of  tbe  county  where  such  city  or  in-  . 
corporated  town  is  situated,  or  of  the  county  in  which  the 
larger  part  of  such  city  or  town  is  situated ; nor  shall  it  be  Funds  to  be 
lawful  for  the  county  superintendent,  or  any  other  officer  0rwithheld- 
person,  to  pay  over  any  portion  of  the  common  school  fund 
to  any  local  treasurer,  School  agent,  clerk,  board  of  educa- 
tion or  other  officer  or  person  of  any  township,  city  or  incor- 
porated town,  unless  a report  of  the  number  of  persons, 
and  other  statistics  relative  to  schools,  and  a statement  of 
such  other  information  as  is  required  of  the  boards  of  trus- 
tees or  directors,  as  aforesaid,  and  of  other  school  officers 
and  teachers,  under  the  provisions  of  this  act,  shall  have 
been  filed  at  the  time  or  times  aforesaid,  specified  in  this 
section,  with  the  superintendent  of  schools  of  the  proper 
county,  as  aforesaid.  It  shall  also  be  the  duty  of  the  pres- 
ident, principal  or  other  proper  officer  of  every  organized  0f  learning0118 
university,  college,  seminary,  academy,  or  other  literary 
institution,  heretofore  incorporated  or  hereafter  to  be  incor- 
porated in  this  state,  to  make  out  or  cause  to  be  made  out 
and  forwarded  to  the  office  of  the  superintendent  of  public 
instruction,  on  or  before  the  first  Monday  in  November,  in 
each  year,  a report  setting  forth  the  amount  and  estimated 
value  of  real  estate  owned  by  the  corporation,  the  amount 
of  other  funds  and  endowments,  and  the  yearly  income 
from  all  sources,  the  number  of  instructors,  the  number  of 
students  in  the  different  classes,  the  studies  pursued  and 


36 


Cities  and 
villages. 


Boards  of 
education. 


Term  of  office. 

Powers  and 
duties. 


the  books  used,  the  course  of  instruction,  the  terms  of  tui- 
tion, and  such  other  matters  as  may  be  specially  requested 
by  said  superintendent,  or  as  may  be  deemed  proper  by  the 
president  or  principal  of  such  institutions,  to  enable  the  su- 
perintendent of  public  instruction  to  lay  before  the  legisla- 
ture a fair  and  full  exhibit  of  the  affairs  and  conditions  of 
said  institutions,  and  of  the  educational  resources  of  the 
state. 

§ 80.  Incorporated  cities  and  villages,  except  such  as 
now  have  charge  and  control  of  free  schools  by  special  acts, 
shall  be  and  remain  parts  of  the  school  townships  in  which 
they  are  respectively  situated,  and  be  subject  to  the  general 
provisions  of  the  school  law,  except  as  otherwise  provided 
in  this  section.  In  all  school  districts  having  a population 
of  not  less  than  two  thousand  inhabitants,  and  not  gov- 
erned by  any  special  act  in  relation  to  free  schools  now  in 
force,  there  shall  be  elected,  instead  of  the  directors  provi- 
ded by  law  in  other  districts,  a board  of  education,  to  con- 
sist of  six  members  and  three  additional  members  for  every 
additional  ten  thousand  inhabitants,  to  be  elected  in  the 
manner  provided  by  section  forty-two  of  this  act  for  the 
election  of  school  directors.  At  the  first  election  of  direc- 
tors succeeding  the  passage  of  this  act,  m any  district  hav- 
ing a population  of  not  less  than  two  thousand  inhabitants 
by  the  census  of  eighteen  hundred  and  seventy,  and  in  such 
other  districts  as  may  hereafter  be  ascertained  by  any  spe- 
cial or  general  census  to  have  a population  of  not  less  than 
two  thousand  inhabitants,  at  the  first  election  of  directors 
occurring  after  taking  such  special  or  general  census,  there 
shall  be  elected  a board  of  education,  who  shall  be  the  suc- 
cessors of  the  directors  of  the  district ; and  all  rights  of 
property  and  rights  and  causes  of  action  existing  or  vested 
in  such  directors  shall  vest  in  said  board  of  education  in  as 
full  and  complete  a manner  as  was  vested  in  the  school 
directors.  Such  board,  at  its  first  meeting,  shall  fix  by  lot 
the  terms  of  office  of  its  members,  so  that  one-third  shall 
serve  for  one  year,  one-third  for  two  years,  and  one-third  for 
three  years  $ and  thereafter  one-third  of  the  members  shall 
be  elected  annually,  on  the  first  Saturday  in  April,  to  fill 
the  vacancies  occurring,  and  to  serve  for  the  term  of  three 
years.  Such  board  shall  have  power,  and  it  shall  be  their 
duty,  in  addition  to  or  inclusive  of  the  powers  and  duties  of 
school  directors : 

First — To  establish  and  support  free  schools  not  less  than 
six  nor  more  than  ten  months  in  each  year. 

Second — To  repair  and  improve  school  houses,  and  fur- 
nish them  with  the  necessary  fixtures,  furniture,  apparatus, 
libraries  and  fuel. 

Third — To  buy  or  lease  sites  for  school  houses,  with  the 
necessary  grounds. 

Fourth — To  establish  schools  of  different  grades,  and 
make  regulations  for  the  admission  of  pupils  into  the 
same. 


37 


Fifth — To  levy  a tax  annually  upon  the  taxable  property 
of  the  district,  in  tl}e  manner  provided  by  section  forty-four 
of  this  act,  for  the  purpose  of  supporting  and  maintaining 
free  schools  in  accordance  with  the  powers  herein  con- 
ferred : Provided , that  it  shall  not  be  lawful  for  such  board 
of  education  to  purchase  or  locate  a school  house  site,  to 
purchase,  build  or  move  a school  house,  or  levy  a tax  to  ex- 
tend schools  beyond  the  period  of  ten  months  in  each  year, 
exeept  upon  petition  of  a majority  of  the  voters  of  the  dis- 
trict. 

Sixth — To  examine  and  employ  teachers,  and  fix  the 
amount  of  their  salaries. 

Seventh— To  employ,  should  they  deem  it  expedient,  a 
competent  and  discreet  person  or  persons  as  superintendent 
or  superintendents  of  schools,  and  fix  and  pay  a proper  sal- 
ary or  salaries*  therefor ; and  such  superintendent  may  be 
required  to  act  as  principal  or  teacher  in  such  schools. 

Eighth — To  lay  off  and  -divide  the  district  into  sub-dis- 
tricts, and  from  time  to  time  to  alter  the  same,  create  new 
ones  and  consolidate  them. 

Ninth — To  visit  all  the  public  schools  as  often  as  once  a 
month,  to  inquire  into  the  progress  of  scholars,  and  the  gov- 
ernment of  the  schools  ; to  prescribe  the  method  and  course 
of  discipline  and  instruction  in  the  respective  schools,  and 
to  see  that  they  are  maintained  and  pursued  in  the  proper 
manner.  They  shall  have  power  to  expel  any  pupil 
who  may  be  guilty  of  gross  disobedience  or  misconduct,  and 
to  dismiss  and  remove  any  teacher,  whenever,  in  their 
opinion,  he  or  she  is  not  qualified  to  teach,  or  whenever 
from  any  cause  the  interests  of  the  schools  may,  in  their 
opinion,  require  such  removal  or  dismission.  They  shall 
have  power  to  apportion  the  scholars  to  the  several  schools. 

It  shall  be  the  duty  of  the  board  of  education  to  establish 
all  such  by-laws,  rules  and  regulations  for  the  government,  I),8Cipline‘ 
and  for  the  establishment  and  maintenance  of  a proper  and 
uniform  system  of  discipline  in  the  several  schools,  as  may, 
in  their  opinion,  be  necessary.  It  shall  be  the  duty  of  said 
board  to  take  charge  of  the  school  houses,  furniture,  ground, 
and  other  property  belonging  to  the  district,  and  see  that 
the  same  are  kept  in  good  condition,  and  not  suffered  to  be 
unnecessarily  injured  or  deteriorated,  and  also  to  provide 
fuel,  and  such  other  necessaries  for  the  schools  as,  in  their 
opinion,  may  be  required  in  the  school  houses  or  other  pro- 
perty belonging  to  the  district.  The  said  board  shall 
appoint  a president  (who  shall  be  one  of  their  own  number) 
and  a secretary,  and  provide  themselves  with  a well  bound 
book,  at  the  expense  of  the  school  tax  fund,  in  which  shall Yeas  and  nays 
be  kept  a faithful  record  of  all  their  proceedings.  The  yeas 
and  nays  shall  be  taken,  and  entered  on  the  records  of  the 
proceedings  of  the  board,  upon  all  questions  involving  the 
expenditure  of  money.  None  of  the  powers  herein  con- 
ferred upon  the  board  of* education  shall  be  exercised  by 
them  except  at  a regular  or  special  meeting  of  the  board. 

The  board  of  education  shall  annually  prepare  and  publish 


38 


pubffiedt0  be  *n  some  newspaper,  or  in  pamphlet  form,  a report  of  the 
number  of  pupils  instructed  in  the  year  preceding,  the 
several  branches  of  education  pursued  by  them,  of  the  num- 
ber of  persons  between  the  ages  of  twelve  and  twenty-one 
unable  to  read  and  write,  and  the  receipts  and  expenditures 
of  each  school,  specifying  the  source  of  such  receipts  and 
the  objects  of  such  expenditures.  All  conveyances  of  real 
estate  shall  be  made  to  the  township  trustees,  in  trust  for 
the  use  of  schools,  and  no  conveyance  of  any  real  estate  or 
interest  therein,  used  for  school  purposes  or  held  in  trust 
for  schools,  shall  be  made  except  by  the  board  of  trustees, 
upon  the  written  request  of  such  board  of  education.  All 
Township  moneys  raised  by  taxation  for  school  purposes  or  received 
have  char  e of  ^r0Tn  the  state  common  school  fund,  or  from  any  other 
funds0  iaigeo  source,  for  school  purposes,  shall  be  held  by  the  township 
treasurer  as  a special  fund  for  school  purposes,  subject  to 
the  order  of  the  board  of  education,  upon  warrants  signed 
Special  school  by  the  president  and  secretary  thereof.  Any  city,  incor- 
hntSiUshede  re"  Pora^ec^  town,  township  or  district  in  which  the  free  schools 
mqm  e are  now  maiiage(i  under  any  special  act,  may,  by  vote  of  its 
electors,  cease  to  control  such  schools  under  such  special 
act,  and  become  a part  of  the  school  township  in  which  it 
is  situated,  and  subject  to  the  control  of  the  trustees  thereof, 
under  and  according  to  the  provisions  of  this  act.  Upon 
petition  of  fifty  voters  of  such  city,  town,  township  or  dis- 
trict, presented  to  the  board  having  the  control  and  manage- 
‘ ment  of  schools  in  such  city,  town,  township  or  district,  it 
shall  be  the  duty  of  such  board,  at  the  next  ensuing  election 
to  be  held  in  such  city,  town,  township  or  district,  to  canse 
to  be  submitted  to  the  voters  thereof,  giving  not  less  than 
fifteen  days’  notice  thereof  by  posting  not  less  than  five 
notices  in  the  most  public  places  in  such  city,  town,  town- 
ship or  district,  the  question  of  “Organization  under  the 
undertilfs^cT  ^ree  School  Law and  if  it  shall  appear,  on  a canvass  of 
‘ the  returns  of  said  election,  that  a majority  of  the  votes  cast 
at  such  election  are  u For  Organization  under  the  Free 
School  Law,”  then  at  the  next  ensuing  regular  meeting  of 
the  board  of  trustees  of  the  township  or  townships  in  which 
such  city,  incorporated  town,  township  or  district  is  situated, 
said  trustees  shall  proceed  to  redistrict  the  township  or 
townships  as  aforesaid,  in  such  manner  as  shall  suit  the 
wishes  and  convenience  of  a majority  of  the  inhabitants  in 
their  respective  townships,  and  to  make  division  of  funds 
and  other  propertyin  the  manner  provided  by  section  thirty- 
three  of  this  act ; and  at  the  next  ensuing  election  of  direc- 
tor, directors  or  a board  of  education,  as  the  case  may  be, 
shall  be  elected  in  each  of  the  new  districts  so  formed,  as 
provided  in  section  forty  two  of  this  act. 

Cities  of  100,000  jn  cities  having  a population  exceeding  one  hundred 
thousand  inhabitants,  the  board  of  education  shall  have 
charge  and  control  of  the  public  schools  in  such  cities,  and 
shall  have  power,  with  the  concurrence  of  the  city  council — 
First — To  erect  or  purchase  buildings  suitable  for  school 
houses,  and  keep  the  same  in  repair. 


39 


Second — To  buy  or  lease  sites  for  school  houses,  with  the 
necessary  grounds. 

Third — To  issue  bonds  for  the  purpose  of  building,  fur- 
nishing and  repairing  school  houses,  for  purchasing  sites 
for  the  same,  and  to  provide  for  the  payment  of  said  bonds; 
to  borrow  money  for  school  purposes  upon  the  credit  of  the 
city. 

The  board  of  education  shall  have  power — 

First — To  furnish  schools  with  the  necessary  fixtures,  b^^ders  of  the 
furniture  and  apparatus. 

Second — To  maintain  support  and  establish  schools,  and 
supply  the  inadequacy  of  the  school  funds,  for  the  salaries 
of  school  teachers,  from  school  taxes. 

Third — To  hire  buildings  or  rooms  for  the  use  of  the 
board. 

Fourth — To  hire  buildings  or  rooms  for  the  use  of  schools. 

Fifth — To  employ  teachers,  and  fix  the  amount  of  their 
compensation. 

Sixth — To  prescribe  the  school  books  to  be  used,  and  the 
studies  in  the  different  schools. 

Seventh — To  lay  off  and  divide  the  city  into  school  dis- 
tricts, and  from  time  to  time  to  alter  the  same  and  create 
new  ones,  as  circumstances  may  require,  and  generally  to 
have  and  possess  all  the  rights,' powers  and  authority  re- 
quired for  the  proper  management  of  schools,  with  power 
to  enact  such  ordinances  as  may  be  necessary  or  deemed 
expedient  for  such  purpose.  Schools  in  such  cities  shall  be 
governed  as  hereinafter  stated,  and  no  power  given  to  the 
board  shall  be  exercised  by  the  city  council.  The  board  of 
education  shall  have  the  entire  superintendence  and-  control 
of  the  schools,  and  it  shall  be  their  duty  to  examine  all  per- 
sons offering  themselves  as  candidates  for  teachers,  and 
when  found  well  qualified,  to  give  them  certificates  thereof 
gratuitously;  to  visit  all  the  public  schools  as  often  as  once 
a month  ; to  inquire  into  the  progress  of  scholars,  and  the  ♦ 
government  of  the  schools ; to  prescribe  the  method  and 
course  of  discipline  and  instruction  in  the  respective  schools, 
and  to  see  that  they  are  maintained  and  pursued  in  the 
proper  manner;  to  prescribe  what  studies  shall  be  taught, 
what  books  and  apparatus  shall  be  used.  They  shall  have 
power  to  expel  any  pupil  who  may  be  guilty  of  gross  diso- 
bedience or  misconduct,  and  to  dismiss  and  remove  any 
teacher,  whenever  in  their  opinion  he  or  the  is  not  qualified 
to  teach,  or  whenever  from  any  cause  the  interests  of  the 
schools  may,  in  their  opinion,  require  such  removal  or  dis- 
mission. They  shall  have  power  to  apportion  the  scholars 
to  the  several  schools.  It  shall  be  their  duty  to  establish 
all  such  by-laws,  rules  and  regulations  for  the  government 
and  for  the  establishment  and  maintenance  of  a proper  and 
uniform  system  of  discipline  in  the  several  schools  as  may, 
in  their  opinion,  be  necessary.  They  shall  determine  from 
time  to  time  how  many  and  what  class  of  teachers  may  be 
employed  in  each  of  the  public  schools,  and  employ  such 
teachers  and  fix  their  compensation.  It  shall  be  the  duty 


40 


of  the  said  board  to  take  charge  of  the  school  houses,  fur- 
niture, ground  and  other  property  belonging  to  the  school 
districts,  and  see  that  the  same  are  kept  in  good  condition 
and  not  suffered  to  be  unnecessarily  injured  or  deteriorated, 
and  also  to  provide  fuel  and  such  other  necessaries  for  the 
schools  as  in  their  opinion  may  be  required  in  the  school 
houses  or  other  property  belonging  to  said  districts.  The 
said  board  shall  appoint  a president  and  secretary,  the  pres- 
ident to  be  appointed  from  their  own  number,  and  shall 
appoint  such  other  officers  and  employees  as  such  board  shall 
deem  necessary,  and  shall  prescribe  their  duties  and  com- 
pensation and  terms  of  office ; and  the  said  board  shall  pro- 
vide well  bound  books,  at  the  expense  of  the  school  tax 
fund,  in  which  shall  be  kept  a faithful  record  of  all  their 
proceedings.  The  yeas  and  nays  shall  be  taken,  and  en- 
Yeas  and  nays.  tere(j  on  records  of  the  proceedings  of  the  board,  upon 
all  questions  involving  the  expenditure  of  money.  None 
of  the  powers  herein  conferred  upon  the  board  of  education 
shall  be  exercised  by  them  except  at  a regular  meeting  of 
the  board.  It  shall  be  the  duty  of  the  board  to  report  to 
the  city  council,  from  time  to  time,  any  suggestions  that 
they  deem  expedient  or  requisite  in  relation  to  the  schools 
and  the  school  fund,  or  the  management  thereof,  and  gen- 
erally to  recommend  the  establishment  of  such  schools  and 
districts.  The  board  of  education  shall  prepare  and  publish 
Report,  an  annual  report,  which  shall  include  the  receipts  and  ex- 
penditures of  each  school,  specifying  the  source  of  such 
receipts,  and  the  object  of  such  expenditures.  They  shall 
also  communicate  to  the  city  council,  from  time  to  time, 
such  information  within  their  possession  as  may  be  required. 
They  shall  have  power  to  lease  school  property  and  to  loan 
Conveyances  moneys  belonging  to  the  school  fund  ; but  all  conveyances 
’ of  real  estate  shall  be  made  to  the  city  in  trust  for  the  use  of 
schools,  and  no  sale  of  real  estate  or  interest  therein  used  for 
% school  purposes  or  held  in  trust  for  schools,  shall  be  made 
except  by  the  city  council,  upon  the  written  request  of  such 
board  of  education.  All  moneys  raised  by  taxation  for  school 
purposes,  or*received  from  the  state  common  school  fund,  or 
City  treasurer  from  any  other  source  for  school  purposes,  shall  be  held  by 
to  hold  funds,  the  city  treasurer  as  a special  fund  for  shool  purposes,  sub- 
ject to  the  order  of  the  board  of  education,  upon  warrants  to 
be  countersigned  by  the  mayor  and  city  clerk ; but  said 
board  of  education  shall  not  add  to  the  expenditures  for 
school  purposes  anything  over  and  above  the  amount  that 
shall  be  received  from  the  state  common  school  fund,  the 
rental  of  school  lands,  and  the  amount  annually  appropria- 
ted for  such  purposes.  If  said  board  shall  so  add  to  such 
hie^or^xc^"  exPeu(^^uie’  city  shall  not,  in  any  case,  be  liable  there- 
of expend!- for.  From  and  after  the  time  this  act  shall  take  effect,' the 
tures.  board  of  education  in  such  cities  shall  consist  of  fifteen 

Appointment  members,  to  be  appointed  by  the  mayor  by  and  with  the 
of  board.  advice  and  consent  of  the  common  council,  five  of  whom 
shall  be  appointed  for  the  term  of  one  year,  five  for  the 
term  of  two  years,  and  five  for  the  term  of  three  years  j and 


41 


at  the  expiration  of  the  term  of  any  members  of  said  board, 
their  successors  shall  be  appointed  in  like  manner.  Any 
vacancy  which  may  occur  shall  be  tilled  by  the  appoint- 
ment of  the  mayor,  with  the  approval  of  the  common  coun- 
cil, for  the  unexpired  term.  Any  person  having  resided  in 
such  city  more  than  five  years  next  preceding  his  appoint- 
ment, shall  be  eligible  to  said  office.  Nothing  herein  shall  iz^°foat^0r" 
be  so  construed  as  to  authorize  any  board  of  education  to  lze  0 ax' 
levy  or  collect  taxes,  or  to  require  the  city  council  to  levy 
and  collect  any  tax  upon  the  demand  or  under  the  direction 
of  such  board  of  education. 

COMMON  SCHOOL  LANDS. 

§ 81.  Section  number  sixteen  in  every  township  granted  section  six- 
to  the  state  by  the  United  States  for  the  use  of  schools,  teen‘ 
and  such  sections  and  part  of  sections  as  have  been  or  may 
be  granted,  as  aforesaid,  in  lieu  of  all  or  part  ot  section 
number  sixteen,  and  also  the  lands  which  have  been  or 
may  be  selected  and  granted  as  aforesaid,  for  the  use  of 
schools,  to  the  inhabitants  of  fractional  townships  in  which 
there  is  no  section  number  sixteen,  or  where  such  section 
shall  not  contain  the  proper  proportion  for  the  use  of  schools 
in  such  fractional  townships  shall  be  held  as  common  school 
lands;  and  the  provisions  of  this  act  referring  to  common 
school  lands  shall  be  deemed  to  apply  to  the  lands  afore- 
said. 

§ 82.  All  the  business  of  such  townships,  so  far  as  re-  Trespass  on 
lates  to  common  school  lands,  shall  be  transacted  in  that  sch°o1  lands 
county  which  contains  all  or  a greater  portion  of  said  lands. 

If  any  person  shall,  without  being  duly  authorized,  cut,  fell, 
box,  bore,  destroy  or  carry  away  any  tree,  sapling  or  log, 
standing  or  being  upon  any  school  lands,  such  person  shall 
forfeit  and  pay  for  every  tree,  sapling  or  log  so  felled,  boxed, 
bored,  destroyed  or  carried  away,  the  sum  of  eight  dollars; 
which  penalty  shall  be  recovered,  with  costs  of  suit,  by  an 
action  of  debt  or  assumpsit,  before  any  justice  of  the  peace 
having  jurisdiction  of  the  amount  claimed,  or  in  the  county 
or  circuit  court,  either  in  the  corporate* name  of  the  board  of 
trustees  of  the  township  to  which  the  land  belongs,  or  by  ac- 
tion of  qui  tam , in  the  name  of  any  person  who  will  first  sue  Penalty, 
for  the  same — one-half  for  the  use  of  the  person  suing,  the 
other  half  to  the  use  of  the  townsnip  aforesaid.  When  two 
or  more  persons  shall  be  concerned  in  the  same  trespass, 
they  shall  be  jointly  and  severally  liable  for  the  penalty 
herein  imposed.  Every  trespasser  upon  common  school 
lands  shall  be  liable  to  indictment,  and,  upon  conviction, 
fined  in  three  times  the  amount  of  the  injury  occasioned  by 
said  trespass,  and  shall  stand  committed  as  in  other  cases 
of  misdemeanor.  All  penalties  and  fines  collected  under 
the  provisions  of  this  section  shall  be  paid  to  the  township 
treasurer,  and  be  added  to  the  principal  of  the  township 
fund.  And  all  other  fines,  penalties  and  forfeitures  imposed  Fines  and 
or  incurred  in  any  of  the  courts  of  record,  or  before  any  jus-  forfeitures, 
tice  of  the  peace  of  this  state,  except  fines,  forfeitures  and 


42 


penalties  incurred  or  imposed  in  incorporated  towns  or 
cities,  for  the  violation  of  the  by-laws  or  ordinances  there- 
of, shall,  when  collected,  be  paid  to  the  school  superintend- 
ent of  the  county  wherein  such  fines,  forfeitures  and  pen- 
alties have  been  imposed  or  incurred,  who  shall  give  his 
receipt  therefor;  and  the  same  shall  be  distributed  by  said 
superintendent,  annually,  in  the  same  manner  as  the  com- 
mon school  funds  of  the  state  are  distributed  ; and  it  shall 
Duty oifstate’s  be  the  duty  of  the  state’s  attorneys  of  the  several  judi- 
at  ornejs.  cjaj  cjrcilits  to  enforce  the  collection  of  all  fines,  forfeit- 
ures and  penalties  imposed  or  incurred  in  the  courts  of 
record  in  their  several  circuits,  and  to  pay  the  same  over 
to  the  school  superintendents  of  the  counties  wherein  the 
same  have  been  imposed  or  incurred,  retaining  therefrom 
t the  fees  and  commissions  allowed  them  by  law;  and  it  shall 
be  the  duty  of  the  said  justices  of  the  peace  to  enforce  the 
collection  of  all  fines  imposed  by  them,  by  any  lawful 
means ; and  when  collected,  the  same  shall  be  paid  by  the 
ofiScer  charged  with  the  collection  thereof  to  the  school  su- 
perintendent of  the  county  in  which  the  same  was  imposed. 
Report.  Clerks  of  said  courts  of  record,  state’s  attorneys  and  jus- 
tices of  the  peace,  shall  report,  under  oath,  to  the  school 
superintendent  of  their  respective  counties,  by  the  first  of 
March,  annually,  the  amount  of  such  fines,  penalties  and 
forfeitures  imposed  or  incurred  in  their  respective  courts, 
and  the  amount  of  such  fines,  forfeitures  and  penalties  col- 
lected by  them,  giyingeacli  item  separately,  and  the  officer 
• charged  with  the  collection  thereof;  and  said  clerks,  state’s 

attorneys,  and  justices  of  the  peace,  for  a failure  to  make 
such  report,  shall  be  liable  to  a fine  of  twenty-five  dollars 
for  each  offense,  to  be  recovered  in  a civil  action  at  the  suit 
Failure  to  pay.  0f  sch00i  superintendent  of  the  proper  county.  For  a 

failure  to  pay  any  such  fines,  forfeitures  or  penalties,  on 
demand,  to  the  person  who  is  by  law  authorized  to  receive 
the  same,  the  officer  having  collected  the  same,  or  having 
the  same  in  his  possession,  shall  forfeit  and  pay  double  the 
amount  of  such  fine,  penalty  or  forfeiture,  as  aforesaid,  to 
be  recovered  before  'any  court  having  jurisdiction  thereof, 
in  a qui  tarn  action — one-half  to  be  paid  to  the  informer  and 
one-half  to  the  school  fund  of  the  proper  county. 

SALE  OF  COMMON  SCHOOL  LANDS. 

saTe.tlti0n  f°r  § 83.  When  the  inhabitants  of  any  township,  or  frac- 
tional township,  shall  desire  the  sale  of  the  common  school 
lands  of  the  township,  or  fractional  township,  they  shall 
present  a petition  to  the  county  superintendent  of  the  coun- 
ty in  which  the  school  lands  of  the  township,  or  the  greater 
part  thereof,  lie,  for  the  sale  thereof;  which  petition  shall 
be  signed  bj^  at  least  two-thirds  of  the  legal  voters  of  the 
township,  or  fractional  township,  of  and  over  twenty-one 
years  of  age.  The  signing  of  the  petition  must  be  in  the 
presence  of  two  citizens  of  the  township,  after  the  true 
meaning  thereof  shall  have  been  explained;  and  when 
signed,  an  affidavit  shall  be  affixed  thereto  by  the  two  citi- 


43 


zens  proving  the  signing,  in  the  manner  aforesaid,  and 
stating  the  number  of  inhabitants  in  the  township,  or  frac- 
tional township,  of  and  over  twenty-one  years  of  age ; and 
said  petition,  so  proved,  shall  be  delivered  to  the  county 
superintendent  for  his  action  thereon : Provided , that  no 
whole  section  shall  be  sold  in  any  township  containing  less 
than  two  hundred  inhabitants ; and  common  school  lands 
in  fractional  townships  may  be  sold  when  the  number  of 
inhabitants  and  number  of  acres  are  in  the  ratio  of  two 
hundred  to  six  hundred  and  forty,  but  not  before. 

g 84.  Any  fractional  township  not  having  the  requisite  Fractional 
number  of  inhabitants  to  petition  for  the  sale  of  the  school  townshlPs- 
lands  therein,  as  provided  in  section  eighty-three,  which  has 
not  heretofore  been  united  with  any  other  township  for 
school  purposes,  and  which  does  not  contain  a sufficient 
number  of  inhabitants  to  maintain  a free  school,  is  hereby 
attached  to  the  adjacent  congressional  township  having  the 
longest  territorial  line  bordering  on  such  fractional  town- 
ship, for  school  purposes ; and  all  the  provisions  ot  this  act 
shall  apply  to  such  united  townships  the  same  as  though 
they  were  one  and  the  same  township. 

§ 85.  When  the  petition  and  affidavits  are  delivered  to  Trustees  to 
the  county  superintendent  as  aforesaid,  he  shall  notify  the  toViots.land  in’ 
trustees  ot  said  township  thereof,  and  said  trustees  shall 
immediately  proceed  to  divide  the  land  into  tracts  or  lots, 
of  such  form  and  quantity  as  will  produce  the  largest 
amount  of  money.  After  making  such  division,  a correct  plat  Plat, 
of  the  same  shall  be  made,  representing  all  divisions,  with 
each  lot  numbered  and  defined,  so  that  its  boundaries  may 
be  forever  ascertained.  Said  trustees  shall  then  fix  a value  valuation, 
on  each  lot,  having  regard  to  the  terms  of  sale,  certify  to 
the  correctness  of  the  plat,  stating  the  value  of  each  lot  per 
acre,  or  per  lot,  if  less  than  one  acre,  and  referring  to  and 
describing  the  lot  in  the  certificate,  so  as  fully  and  clearly 
to  distinguish  and  identify  each  lot;  which  plats  and  certi- 
ficate shall  be  delivered  to  the  county  superintendent,  and 
shall  govern  him  in  advertising  and  selling  said  lands. 

§ 80.  In  subdividing  common  sehool  lands  for  sale,  no  size  of  lot. 
lot  shall  contain  more  than  eighty  acres,  and  the  division 
may  be  made  into  town  or  village  lots,  with  roads,  streets  Roads  and 
or  alleys  between  them  and  through  the  same;  and  all  sucli8treet8- 
divisions,  with  all  similar  divisions  hereafter  made,  are 
hereby  declared  legal,  and  all  such  roads,  streets  and  alleys 
public  highways. 

§ 87.  The  terms  of  selling  common  school  lands  shall  Bid  borrowed, 
be  to  the  highest  bidder,  for  cash,  with  the  privilege  to  each 
purchaser  of  borrowing  from  the  county  superintendent  the 
amount  of  his  bid,  for  any  period  not  less  than  one  nor 
more  than  five  years,  upon  his  paying  interest  and  giving 
security,  as  in  case  of  money  loaned  by  township  treasurer, 
as  provided  in  this  act. 

§ 88.  The  place  of  selling  common  school  lands  shall  be  Place  of  sale, 
at  the  court  house  of  the  county  in  which  the  lands  are 
situated;  or  the  trustees  of  schools  may  direct  the  sale  to 


44 


be  made  on  the  premises;  and  upon  the  reception  by  the 
county  superintendent  of  the  plat  and  certificate  of  valua- 
tion from  the  trustees,  he  shall  proceed  to  advertise  the  said 
Notices.  land  for  sale  in  lots,  as  divided  and  laid  off  by  said  trustees, 
by  posting  notices  thereof  in  at  least  six  public  places  in 
the  county,  forty  days  next  anterior  to  the  day  of  sale,  de- 
scribing* the  land  and  stating  the  time,  terms  and  place  of 
sale;  and  if  any  newspaper  is  published  in  said  count}’, 
said  advertisement  shall  be  printed  therein,  for  four  weeks 
before  the  day  of  sale ; if  none,  then  it  shall  be  sold  under 
the  notice  aforesaid. 

Manner  of  § 89.  Upon  the  day  appointed,  the  county  superintend- 
sale*  ent  shall  proceed  to  make  sales  as  follows,  viz:  He  shall 

begin  at  the  lowest  number  of  lots,  and  proceed  regularly 
to  the  highest,  till  all  are  sold  or  ottered.  No  lot  shall  be 
sold  for  less  than  its  valuation  by  the  trustees.  Sale  shall 
be  made  between  the  hours  of  ten  o’clock  A.  M.  and  six 
o’clock  P.  M.,  and  may  continue  from  day  to  day.  The  lots 
shall  be  cried  separately,  and  each  lot  cried  long  enough  to 
enable  any  one  present  to  bid  who  desires  it. 

Payment.  § 90.  Upon  closing  the  sales  each  day,  the  purchasers 
shall  each  pay  or  secure  the  payment  of  the  purchase  mon- 
ey, according  to  the  terms  of  sale  ; or  in  case  of  his  failure  to 
do  so  by  ten  o’clock  the  succeeding  day,  the  lot  purchased 
shall  be  again  offered  at  public  sale,  on  the  same  terms  as 
before,  and  if  the  valuation  or  more  shall  be  bid,  shall  be 
stricken  off ; but  if  the  valuation  be  not  bid,  the  lot  shall  be 

May  be  re-  set  down  as  not  sold.  If  the  sale  is  or  is  not  made,  the 
former  purchaser  shall  be  required  to  pay  the  difference 
between  his  bid  and  the  valuation  of  the  lot ; and  in  case  of 
his  failing  to  make  such  payment,  the  county  superinten- 
dent may  forthwith  institute  an  action  of  debt  or  assumpsit , 
in  his  name,  as  superintendent,  for  the  use  of  the  inhabi- 
tants of  the  township  where  the  land  lies,  for  the  required 
sum  ; and  upon  making  proof,  shall  be  entitled  to  judgment, 
with  costs  of  suit ; which,  when  collected,  shall  be  added  to 
the  principal  of  the  township  fund.  And  if  the  amount 
claimed  does  not  exceed  one  hundred  dollars,  the  suit  may 
be  instituted  before  a justice  of  the  peace  ; but  if  more  than 
that  sum,  then  in  the  circuit  court  of  any  county  wherein 
the  party  may  be  found. 

Lands  n ay  be  § 91-  All  lands  [not]  sold  at  public  sale,  as  herein  pro- 
re-soid.  vided  for,  shall  be  subject  to  sale  at  any  time  thereafter,  at 
the  valuation  ; and  county  superintendents  are  authorized 
and  required,  when  in  their  power,  to  sell  all  such  lands  at 
private  sale,  upon  the  terms  at  which  they  are  offered  at 
public  sale. 

Unsold  lands  § 92.  In  all  cases  where  common  school  lands  have 
uedbe  re"val~  been  heretofore  valued,  and  have  remained  unsold  for  two 
years,  after  having  been  offered  for  sale,  or  shall  thereafter 
remain  unsold  for  that  length  of  time,  after  being  valued 
and  offered  for  sale  in  conformity  to  this  act,  the  trustees 
of  schools  where  such  lauds  are  situated  may  vacate  the 
valuation  thereof,  by  an  order  to  be  entered  in  book  A,  of 


45 


the  county  superintendent,  and  cause  a new  valuation  to  be 
made,  if,  in  their  opinion,  the  interests  of  the  township  will 
be  promoted  thereby.  They  shall  make  said  second  valu- 
ation in  the  same  manner  as  the  first  was  made,  and  shall 
deliver  to  the  county  superintendent  a plat  of  such  second 
valuation,  with  the  order  of  vacation  to  be  entered  as  afore- 
said ; whereupon  said  county  superintendent  shall  proceed 
in  selling-  said  lands  in  all  respects  as  if  no  former  valuation 
had  been  made:  Provided,  that  the  second  valuation  may  no  petition 
be  made  by  the  trustees  of  schools,  without  petition,  as  pro-  required, 
vided  in  this  act. 

§ 93.  Upon  the  completion  of  every  sale  by  the  pur-  Certificate  of 
chaser,  the  county  superintendent  shall  enter  the  same  on  Purchase- 
book  B,  and  shall  deliver  to  the  purchaser  a certificate  of 
purchase,  stating  therein  the  name  and  residence  of  the 
purchaser,  describing  the  land  and  the  price  paid  therefor; 
which  certficate  shall  be  evidence  of  the  facts  therein  stated. 

§ 94.  At.  the  first  regular  term  of  the  county  board,  in  statement  of 
each  year,  the  county  superintendent  shall  present  to  the  sales, 
county  board  of  his  county : 

First — A statement  showing  the  sales  of  school  lands 
made  subsequent  to  the  first  regular  term  of  the  previous 
year,  which  shall  be  a true  copy  of  the  sale  book  (book  B). 

Second — Statements  of  the  amount  of  money  received, 
paid,  loaned  out  and  in  hand,  belonging  to  each  township 
or  fund  under  his  control — the  statement  of  each  fund  to  be 
separate. 

Third — Statements  copied  from  his  loan  book  (book  0), 
showing  all  the  facts  in  regard  to  loans  which  are  required 
to  be  stated  on  the  loan  book. 

All  of  which  the  county  board  shall  thereupon  examine  Duties  of  the 
and  compare  with  the  vouchers.  And  the  said  county county  board- 
board  or  so  many  of  them  as  may  be  present  at  the  term  of 
the  court,  shall  be  liable,  individually,  to  the  fund  injured, 
and  to  the  securities  of  said  county  superintendent,  in  case 
judgment  be  recovered  of  said  securities,  for  all  damages 
occasioned  by  a neglect  of  the  duties,  or  any  of  them,  re- 
quired of  them  by  this  section  : Provided , nothing  herein  securities 
contained  .shall  be  construed  to  exempt  the  securities  of  said  not  exempt, 
county  superintendent  from  any  liability  as  such  securities, 
but  they  shall  still  be  liable  to  the  fund  injured,  the  same 
as  if  the  county  superintendents  were  not  liable. 

§ 95.  The  county  superintendents  shall,  also,  at  the  time  Transcript 
aforesaid,  transmit  to  the  auditor  of  public  accounts  a full8en  oau  ltQ1 
and  exact  transcript,  from  book  B,  of  all  the  sales  made 
v subsequent  to  each  report.  The  statement  required  to  be 
presented  to  the  county  board  shall  be  preserved  and  copied 
by  the  clerk  of  said  court  into  a well-bound  book,  kept  for 
that  purpose;  and  the  list  transmitted  to  the  auditor  shall 
be  filed,  copied  and  preserved  in  like  manner. 

§ 96.  Every  purchaser  of  common  school  land  shall  be  Patents, 
entitled  to  a patent  from  the  state,  conveying  and  assuring 
the  title.  Patents  shall  be  made  out  by  the  auditor,  from 
returns  made  to  him  by  the  county  superintendent.  They 


46 


Certificate  to 
be  filed. 


Evidence  of 
sale. 


Duplicates 
of  certificates 
or  patents. 


Acts  repealed. 


shall  contain  a description  of  the  land  granted,  and  shall  be 
in  the  name  of  and  signed  by  the  governor,  countersigned 
by  the  auditor,  with  the  great  seal  of  the  state  affixed  there- 
to by  the  secretary  of  state,  and  shall  operate  to  vest  in  the 
purchaser  a perfect  title  in  fee  simple.  When  patents  are 
executed  as  herein  required,  the  auditor  shall  note  on  the 
list  of  sales  the  date  of  each  patent,  in  such  manner  as  to 
perpetuate  the  evidence  of  its  date  and  delivery,  and  there- 
upon transmit  the  same  to  the  county  superintendent  of  the 
proper  county,  to  be  by  him  delivered  to  the  patentee,  his 
heirs  or  assigns,  upon  the  return  of  the  original  certificate 
of  purchase  $ which  certificate,  when  returned,  shall  be  filed 
and  preserved  by  the  county  superintendent $ and  all  such 
patents,  heretofore  or  hereafter  so  issued  by  the  state  for 
school  lands,  or  duly  certified  copies  thereof  from  any  record 
legally  made,  shall,  after  the  lapse  of  ten  years  from  the 
date  of  such  patent,  and  such  sale  having  been  acquiesced 
in  for  ten  years  by  the  inhabitants  of  the  township  in  which 
the  land  so  conveyed  may  be  situated,  be  conclusive  evi- 
dence as  to  the  legality  of  the  sale,  and  that  the  title  to  such 
land  was,  at  the  date  of  the  patent,  legally  vested  in  the 
patentee. 

§ 97.  Purchasers  of  common  school  lands,  and  their 
heirs  and  assigns,  may  obtain  duplicate  copies  of  their  cer- 
tificates of  purchase  and  of  patents,  upon  filing  affidavit 
with  the  county  superin  ten  dent  in  respect  to  certificates,, 
and  with  the  auditor  in  respect  to  patents,  proving  the  loss 
or  destruction  of  the  originals $ and  such  copies  shall  have 
all  the  force  and  effect  of  the  originals. 

§ 98.  “ An  act  to  establish  and  maintain  a system  of  free 

schools,7’  approved  February  16,  1857 ; “An  act  to  estab- 
lish and  maintain  a system  of  free  schools,77  approved  Feb- 
ruary 22,  1861  $ “An  act  to  establish  and  maintain  a system 
of  free  schools  in  the  state  of  Illinois,77  approved  February 
16,  1865  j An  act  to  amend  an  act  entitled  ‘an  act  to  estab- 
lish and  maintain  a system  of  free  schools  in  the  state  of  4 
Illinois,7  approved  February  16,  1865, 77  approved  February 
28,  1867  : “An  act  to  amend  the  school  law,77  approved 
March  30,  1869  ; “An  act  relating  to  assessments  and  taxa- 
tion in  school  districts,77  approved  March  29,  1869  $ “An 
act  concerning  reports  of  school  officers  and  of  incorporated 
institutions  of  learning,77  approved  March  29,  1869  $ and  all 
other  acts  and  parts  of  acts  inconsistent  with  this  act,  and 
all  general  school  laws  of  this  state,  are  hereby  repealed. 

Approved  April  1, 1872. 


APPENDIX. 


STATE  NORMAL  UNIVERSITIES. 


AN  ACT  for  the  establishment  and  maintenance  of  a Normal  University. 

In  force  Feb. 


Section  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois , represented  in  the  General  Assembly , That  0.  B.  De- 
nio,  of  Jo  Daviess  county,  Simeon  Wright,  of  Lee  county, 
Daniel  Wilkins,  of  McLean  county,  0.  E.  Hovey,  of  Peoria 
county,  George  P.  Iiex,  of  Pike  county,  Samuel  W.  Moul- 
ton, of  Shelby  county,  John  Gillespie,  of  Jasper  county, 
George  Bunsen  , of  St.  Glair  county,  Wesley  Sloan,  of 
Pope  county,  Ninian  W.  Edwards,  of  Sangamon  county, 
John  Eden,  of  Moultrie  county,  Flavel  Mosely,  of  Cook 
county,  William  H.  Wells,  of  Cook  county,  Albert  B.  Shan- 
non, of  White  county,  and  the  superintendent  of  public  in- 
struction, ex-officio , with  their  associates,  who  shall  be 
elected  as  herein  provided,  and  their  successors,  are  hereby 
created  a body  corporate  and  politic,  to  be  styled  “The 
Board  of  Education  of  the  State  of  Illinois,”  and  by  that 
name  and  style  shall  have  perpetual  succession,  and  have 
power  to  contract  and  be  contracted  with,  to  sue  and  be 
sued,  to  plead  and  be  impleaded,  to  acquire,  hold  and  con- 
vey real  and  personal  property  $ to  have  and  use  a common 
seal,  and  to  alter  the  same  at  pleasure ; to  make  and  estab- 
lish by-laws,  and  alter  or  repeal  the  same  as  they  shall 
deem  necessary  for  the  government  of  the  normal  univer- 
sity hereby  authorized  to  be  established,  or  any  of  its 
departments,  officers,  students  or  employees,  not  in  couflict 
with  the  constitution  and  laws  of  this  State,  or  of  the  United 
States ; and  to  have  and  exercise  all  powers,  and  be  sub- 
ject to  all  duties  usual  and  incident  to  trustees  of  corpora- 
tions. 


18,  1850. 


Corporators, 


Style. 


Gen’l  powers 


§ 2.  The  superintendent  of  public  instruction,  by  virtue 
of  his  office,  shall  be  a member  and  secretary  of  said  board, 
and  shall  report  to  the  legislature  at  its  regular  sessions  the  SuPerintend,t 
condition  and  expenditures  of  said  normal  university,  and 
communicate  such  further  information  as  the  said  board  of 
education  or  the  legislature  may  direct. 


48 


Members  not  § 3.  No  member  of  tbe  board  of  education  shall  receive 
to  receive  any  compensation  for  attendance  on  the  meetings  of  the 
compensation.  |)00r(j  except  his  necessary  traveling  expenses,  which  shall 
be  paid  in  the  same  manner  as  the  instructors  employed  in 
the  said  normal  university  shall  be  paid.  At  all  the  stated 
and  other  meetings  of  the  board,  called  by  the  president  or 
. secretary,  or  any  five  members  of  the  board,  five  members 
shall  constitute  a quorum,  provided  all  shall  have  been  duly 
notified. 

§ 4,  The  objects  of  the  said  Normal  University  shull  be 
university.0*  teachers  for  the  common  schools  of  this  state,  by 

imparting  instruction  in  the  art  of  teaching,  and  all  branches 
of  study  which  pertain  to  a common  school  education,  in 
the  elements  of  the  natural  sciences,  including  agricultural 
chemistry,  animal  and  vegetable  physiologj7,  in  the  funda- 
mental laws  of  the  United  States  and  the  state  of  Illinois, 
in  regard  to  the  rights  and  duties  of  citizens,  and  such  other 
studies  as  the  board  of  education  may,  from  time  to  time, 
prescribe. 

§ 5.  The  board  of  education  shall  hold  its  first  meeting 
meeting  °of  the  office  of  the  superintendent  of  public  instruction, 
board  of  edu- on  the  first  Tuesday  in  May  next,  at  which  meeting  they 
shall  appoint  an  agent,  fixing  his  compensation,  who  shall 
visit  the  cities,  villages  and  other  places  in  the  state  which 
may  be  deemed  eligible  for  the  purpose,  to  receive  donations 
and  proposals  for  the  establishment  and  maintenance  of 
the  Normal  University.  The  board  shall  have  power,  and 
it  shall  be  their  duty,  to  fix  the  permanent  location  of  said 
Normal  University  at  the  place  where  the  most  favorable 
inducements  are  offered  for  that  purpose  : Provided , that 
such  location  shall  not  be  difficult  of  access,  or  detrimental 
to  the  welfare  and  prosperity  of  said  normal  university. 

§ 6.  The  board  of  education  shall  appoint  a principal, 
principal*1  and  lecturer  on  scientific  subjects,  instructors  and  instructresses, 
lecturer.  together  with  such  officers  as  shall  be  required  in  the  said 
normal  university,  fix  their  respective  salaries  and  prescribe 
their  several  duties.  They  shall  also  have  power  to  remove 
any  of  them  for  proper  cause,  after  having  given  ten  days’ 
notice  of  any  charge,  which  may  be  dul}'  presented,  and 
reasonable  opportunity  for  defense.  They  shall  also  pre- 
Text  books.  8crj\)e  tpe  text-books,  apparatus  and  furniture  to  be  used  in 
the  university,  and  provide  the  same ; and  shall  make  all 
regulations  necessary  for  its  management.  And  the  board 
shall  have  the  power  to  recognize  auxiliary  institutions 
Provide  aux- when  deemed  practicable:  Provided,  that  such  auxiliary 
lhary.  institutions  shall  not  receive  an  appropriation  from  the 

treasury,  or  the  seminary  or  university  fund. 

§ 7,  Each  county  within  the  state  shall  be  entitled  to 
entJtiedt?7 gratuitous  instruction  for  one  pupil  in  said  normal  univer- 
gratuitous  in-  sity;  and  each  representative  district  shall  be  entitled  togra- 
pupi£!°n  fortuitous  instruction  for  a number  of  pupils  equal  to  the  num- 
ber of  representatives  in  said  district,  to  be  chosen  in  the 
following  manner:  The  county  superintendent  in  each 
county  shall  receive  and  register  the  names  of  all  applicants 


49 


for  admission  in  said  normal  university,  and  shall  present  Application  °f 
the  same  to  the  county  court,  or,  in  counties  acting  under  pupis’ 
township  organization,  to  the  board  of  supervisors,  as  the 
case  may  be;  shall,  together  with  the  county  superinten- 
dent, examine  all  applicants  so  presented  in  such  a manner 
as  the  board  of  education  may  direct,  and  from  the  num- 
ber of  such  as  shall  be  found  to  possess  the  requisiie  quali- 
fications, such  pupils  shall  be  selected  by  lot;  and  in  repre-  selected  by 
sen tative  districts  composed  of  more  than  one  county,  the  lot. 
county  superintendent  and  county  judge,  or  the  county 
superintendent  and  chairman  of  the  board  of  supervisors, 
in  counties' acting  under  township  organization,  as  the  case 
may  be,  of  the  several  counties  composing  such  representa- 
tive district,  shall  meet  at  the  clerk’s  office  of  the  county 
court  of  the  oldest  county,  and  from  the  applicants  so  pre- 
sented to  the  county  court  or  board  of  supervisors  of  the 
several  counties  represented,  and  found  to  possess  the 
requisite  qualifications,  shall  select  by  lot  the  number  of 
pupils  to  which  said  district  is  entitled.  The  board  of  edu- 
cation shall  have  the  discretionary  power,  if  any  candidate  me  declaration 
does  not  sign  and  file  with  the  secretary  of  the  board  a 
declaration  that  he  or  she  will  teach  in  the  public  schools 
within  the  state,  in  case  that  engagements  can  be  secured 
by  reasonable  efforts,  to  require  such  candidate  to  provide 
for  the  payment  of  such  fees  for  tuition  as  the  board  may 
prescribe. 

§ 8.  The  interest  of  the  university  and  seminary  fund,  ti£ppropria" 
or  such  part  thereof  as  may  be  found  necessary,  shall  be  1 n> 
and  is  hereby  appropriated  for  the  maintenance  of  said 
normal  university,  and  shall  be  paid  on  the  order  of  the 
board  of  education  from  the  treasury  of  the  state  ; but  in 
no  case  shall  any  part  of  the  interest  of  said  fund  be  ap- 
plied to  the  purchase  of  sites,  or  for  buildings  for  said  uni- 
versity. 

§ 9.  The  board  shall  have  power  to  appropriate  the  one 
thousand  dollars  received  from  the  Messrs.  Merriam,  of 
Springfield,  Massachusetts,  by  the  late  superintendent,  to 
the  purchase  of  apparatus  for  the  use  of  the  normal  uni- 
versity, when  established ; and  hereafter,  all  gifts,  grants 
and  demises  which  may  be  made  to  the  said  normal  univer- 
sity shall  be  applied  in  accordance  with  the  wishes  of  the 
donors  of  the  same. 

§ 10.  The  board  of  corporators  herein  named,  and  their  Term  of  office, 
successors,  shall  each  of  them  hold  their  office  for  the  term 
of  six  years:  Provided,  that  at  the  first  meeting  of  said 
board,  the  said  corporators  shall  determine,  by  lot,  so  that 
one-third  shall  hold  their  office  for  two  years,  one-third  for 
four  years,  and  one-third  for  six  years.  The  governor,  by 
and  with  the  advice  and  consent  of  the  senate,  shall  fill  all  how  fllied?s : 
vacancies  which  shall  at  any  time  occur  in  said  board,  by 
appointment  of  suitable  persons  to  fill  the  same. 

§ 11.  At  the  first  meeting  of  the  board,  and  at  each  Elect  presi- 
biennial  meeting  thereafter,  it  shall  be  the  duty  of  saiddent- 
board  to  elect  one  of  their  number  president,  who  shall 
— 5 


50 


serve  until  the  next  biennial  meeting  of  tlie  board,  and  un- 
til his  successor  is  elected. 

Appointment  § 12.  At  each  biennial  meeting  it  shall  be  the  duty  of 
of  treasurer,  xxie  board  to  appoint  a treasurer,  who  shall  not  be  a mem- 
ber of  the  bo#ard,  and  who  shall  give  bond,  with  such  secu- 
rity as  the  board  may  direct,  conditioned  for  the  faithful 
discharge  of  the  duties  [of]  his  office. 

§ 13.  This  act  shall  take  effect  on  and  after  is  passage, 
and  be  published  and  distributed  as  an  appendix  to  the 
school  law. 

Approved  February  18,  1857. 


SOUTHERN  ILLINOIS  NORMAL  UNIVERSITY. 


AN  ACT  to  establish  and  maintain  the  Southern  Illinois  Normal  University. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois , represented  in  the  General  Assembly , That  a body 
politic  and  corporate  is  hereby  created  by  the  name  of  the 
Name.  Southern  Illinois  Normal  University,  to  have  perpetual 
succession,  with  power  to  contract  and  be  contracted  with, 
to  sue  and  be  sued,  to  plead  and  be  impleaded,  to  receive, 
General  pow-  by  any  legal  mode  of  transfer  or  conveyance,  property  of 
ers  any  description,  and  to  have,  hold  and  enjoy  the  same,  with 

the  rents  and  x>rofits  thereof,  and  to  sell  and  convey  the 
same ; also,  to  make  and  use  av  corporate  seal,  with  power 
to  break  or  change  the  same,  and  to  adopt  by-laws,  rules 
and  regulations  for  the  government  of  its  members,  officers, 
Proviso.  agents  and  employees  : Provided , such  by-laws  shall  not 
conflict  with  the  constitution  of  the  United  States  or  of  this 
state. 

Objects.  § 2.  The  objects  of  the  said  Southern  Illinois  Normal 

University  shall  be  to  qualify  teachers  for  the  common 
schools  of  this  state  by  imparting  instruction  in  the  art  of 
teaching  in  all  branches  of  study  which  pertain  to  a com 
mon  school  education,  in  the  elements  of  the  natural  s^i- 
ences,  including  agricultural  chemistry,  animal  and  vege- 
table physiology,  in  the  fundamental  laws  of  the  United 
States;  and  of  the  State  of  Illinois,  in  regard  to  the  rights 
and  duties  of  citizens,  and  such  other  studies  as  the  board 
of  education  may,  from  time  to  time,  prescribe. 


51 


§ 3.  The  powers  of  the  said  corporation  shall  be  vested  Powers  vested 
in  and  its  duties  performed  by  a board  of  trustees,  not  ex-  m trustees- 
ceeding  live  in  number,  to  be  appointed  as  hereinafter  pro- 
vided. 

§ 4.  Upon  the  passage  of  this  act  the  governor  shall  APf°rus™es t 
nominate  and,  by  and  with  the  advice  of  the  senate,  ap-  ° r 
point  five  citizens  of  the  state  as  trustees  of  said  institution, 
two  of  whom  shall  serve  for  two  years,  and  three  for  four 
years,  and  until  their  successors  are  appointed  and  enter 
on  duty,  and  successors  in  each  class  shall  be  appointed  in 
lik  manner  for  four  years  : Provided , That  in  case  of,a  va- 
cancy by  death  or  otherwise,  the  governor  shall  appoint  a 
successor  for  the  remainder  of  the  term  vacated  : Provided , 

That  not  more  than  two  members  of  said  board  shall  be 
residents  of  any  one  county. 

§ 5.  The  said  trustees  shall  hold  their  first  meeting  at 
Centralia,  within  one  month  after  the  passage  of  this  act, 
at  which  meeting  they  shall  elect  one  of  their  body  as  presi- 
dent and  another  as  secretary  • and  cause  a regular  record 
to  be  made  and  kept  of  all  their  proceedings.  The  said 
board  shall  also,  whenever  his  services  shall  be  required, 
appoint  a treasurer  not  a member  of  the  board,  who  shall  Appointment 
give  bonds  to  the  people  of  the  state  of  Illinois  in  double  of  treasurer, 
the  amount  of  the  largest  sum  likely  to  come  into  his  hands, 
the  penalty  to  be  fixed  by  the  board,  conditioned  for  the 
faithful  discharge  of  his  duties  as  treasurer,  with  two  or 
more  securities  ; the  treasurer  may  also  be  required  to  exe- 
cute bonds  from  time  to  time  as  the  board  may  direct 

§ 6.  The  treasurer  shall  keep  an  accurate  account  of  all  Duties  of 
moneys  received  and  paid  out ; the  account  for  articles  and  treasurer- 
supplies  of  every  kind  purchased  shall  be  kept  and  re- 
ported, so  as  to  show  the  kind,  quantity  and  cost  thereof. 

§ 7,  No  member,  officer,  agent  or  employee  of  the  board  Contracts, 
shall  be  a party  to  or  interested  in  any  contract  for  mate- 
rials, sup}) lies  or  services  other  than  such  as  pertain  to  their 
positions  and  duties. 

§ 8.  Accounts  of  this  institution  shall  be  stated  and  Accounts, 
settled  annually  with  the  auditor  of  public  accounts,  or  with 
such  person  or  persons  as  may  be  designated  by  law  for 
that  purpose.  And  the  trustees  shall,  ten  days  previous  to 
each  regular  session  of  the  general  assembly,  submit  to 
the  governor  a report  of  all  their  actions  and  proceedings  in  Reports, 
the  execution  of  their  trust,  with  a statement  ot  all  ac- 
counts connected  therewith,  to  be  by  the  governor  laid 
before  the  general  assembly. 

§ 9.  The  said  board  shall  meet  quarterly  at  such  places  Meet  quar- 
or  place  as  may  be  agreed  on,  and,  until  the  buildings  are  ter]y- 
completed,  as  much  oftener  as  may  be  necessary ; and  there- 
after the  meetings  shall  be  at  the  university. 

§ 10.  The  trustees  shall,  as  soon  as  practicable,  adver-  Location, 
tise  for  proposals  from  localities  desiring  to  secure  the  loca- 
tion of  said  normal  university,  and  shall  receive,  for  not 
less  than  three  months  from  the  date  of  their  first  adver- 
tisement, proposals  from  points  situated  as  hereinafter 


52 


mentioned,  to  donate  lands,  buildings,  bonds,  moneys,  or 
other  valuable  consideration,  to  the  state  in  aid  of  the 
foundation  and  support  of  said  university  ; and  shall,  at  a 
time  previously  fixed  by  advertisement,  open  and  examine 
such  proposals,  and  locate  the  institution  at  such  point  as 
shall,  all  things  considered,  offer  the  most  advantageous 
Limits.  conditions.  The  land  shall  be  selected  south  of  the  rail- 
road, or  within  six  miles  north  of  said  road,  passing  from 
St.  Louis  to  Terre  Haute,  known  as  the  Alton  and  Terre 
Haute  railroad,  with  a view  of  obtaining  a good  supply  of 
water  and  other  conveniences  for  the  use  of  the  institution. 
binidnigs11  °f  § 11-  Upon  the  selection  and  securing  of  the  land  afore- 
said, the  trustees  shall  proceed  to  contract  for  the  erection 
of  buildings  in  which  to  furnish  educational  facilities  for 
such  number  of  students  as  hereinafter  provided  for,  together 
with  the  out-houses  required  for  use,  also  for  the  improve- 
ment of  the  land  so  as  to  make  it  available  for  the  use  of 
Construction,  the  institution.  The  buildings  shall  not  be  more  than  two 
stories  in  height,  and  be  constructed  upon  the  mos#t  approved 
plan  for  use,  shall  front  to  the  east,  and  shall  be  of  sufficient 
capacity  to  accommodate  not  exceeding  three  hundred  stu- 
dents, with  the  officers  and  necessary  attendants.  The 
outside  walls  to  be  of  hewn  stone  or  brick,  partition  walls  of 
brick,  roofs  of  slate,  and  the  whole  buildings  made  fire- 
proof, and  so  constructed  as  to  be  warmed  in  the  most  healthy 
and  economical  manner,  with  ample  ventilation  in  all  its 
parts.  The  out-houses  shall  be  so  placed  and  constructed 
as  to  avoid  all  danger  to  the  main  buildings  from  fire  origi- 
nating in  any  one  of  them.  The  board  shall  appoint  an 
honest,  competent  superintendent  of  the  buildings  and  im- 
provements aforesaid,  whose  duty  it  shall  be  to  be  always 
present  during  the  progress  of  the  work,  and  see  that  every 
stone,  brick,  and  piece  of  timber  used  is  sound  and  properly 
placed,  and  whose  right  it  shall  be  to  require  contractors  and 
their  imployees  to  conform  to  his  directions  in  executing 
Proviso.  their  contracts : Provided , hoivever , that  said  board  of  trus- 
tees may  appoint  any  one  of  their  number  such  superinten- 
dent : And  provided , further , that  the  buildings  aforesaid 
may  be  erected  and  improvements  made  under  the  direction 
of  the  board  and  its  superintendent,  without  letting  the 
same  to  contractors. 

instructors.  g 12.  The  said  board  of  trustees  shall  appoint  instruc- 
tors and  instructresses,  together  with  such  other  officers  as 
may  be  required  in  the  said  normal  university,  fix  their 
respective  salaries  and  prescribe  their  several  duties.  They 
shall  also  have  power  to  remove  any  of  them  for  proper 
cause,  after  having  given  ten  days’  notice  of  any  charge 
which  may  be  duly  presented,  and  reasonable  opportunity 
Text-Looks.  0f  defence.  They  shall  also  prescribe  the  text-books,  appa- 
ratus and  furniture  to  be  used  in  the  university  and  provide 
the  same,  and  shall  make  all  regulations  necessary  for  its 
management. 

Each  county  § 13.  All  the  counties  shall  be  entitled  to  gratuitous 
pupfis11  gratu-  instruction  for  two  pupils  fof  each  county  in  said  normal 
itousiy.  university,  aud  each  representative  district  shall  be  entitled 


INDEX. 


y 


PAGE. 

Powers  of  directors — 

in  levying  taxes - 17 

, in  borrowing  money 19 

in  maintenance  of  schools 19 

President  of  board  of  trustees — 

to  hold  for  one  year 10 

pro  tem  may  be  chosen 10 

to  execuce  conveyances 14 

of  board  of  directors 16 

process  to  be  served  on 20 

to  sign  orders 20 

Procedure  in  dividing  property. 12 

Proceedings,  official  to  be  recorded 10, 16 

record  of,  open  to  inspection 10 

of  directors,  treasurer  to  examine  record. . 16 

Property  of  districts,  division  of 12 

when  made 12 

rules  concerning 12 

debts  to  be  deducted 12 

limitation  as  to  time 12 

penalty  for  failure 12 

to  be  accounted  for 24 

Pupils,  transfer  of 13 

assigning  of 20 

suspension  and  expulsion  of 20 

attendance  of 23 

age  of,  to  J)e  noted 23 

Purchasers  of  school  land — 

may  borrow  bid 43 

requirements  of. 44 

failure  of  to  make  payment 44 

to  pay  difference  44 

te  receive  certificate 44 

to  receive  patents 45 

may  have  duplicate  of  certificate  of  pat- 
ent  46 


Qualifications  for  office,  of  trustee 8, 17 

of  directors 17 

of  township  treasurer 10 

of  voters 9 

of  teachers 21 

how  determined 21 

certificates  of 21 

required 22 

Quorum,  of  trustees 10 

of  directors 19 


Rate  of  interest,  on  schedules 25 

on  townshij)  funds f...  27 

penal 28 

to  be  paid  by  state 30 

of  district  taxes 17 

to  be  uniform 18 

of  state  tax  30 

Real  estate,  may  be  taken  for  debt 7 

may  be  sold 7 

trustees  may  purchase 15 

trustees  may  sell 15 

manner  of  sale  of. 15 

securety  for  loans 6, 27,  43 

of  school  officers  holdcn 32 

Receipts,  treasurer  to  take 30 

Records,  to  be  kept  by  county  superintend- 
ent  : . 4 

of  trustees . 10 

copy  of  certain,  filed  with  county  clerk. ..  13 

of  directors *. 16 

to  be  submitted  to  treasurer 16 

of  teachers’  certificates 21 

form  of. 22 

transcript,  sent  to  superintendent 22 

of  treasurer 26 


of  land  sales 44 

Recovery  of  amount  paid  to  secure  statistics..  6 

action  for,  of  interest 28 

ou  bond  of  treasurer 28 

from  trustees 32 

from  school  officers 33 

Relinquishment  of  special  school  acts 37 

Removal  of  county  superintendent 5 

of  treasurer 10, 14 

of  teachers 19 


PAGE. 


Removal  of  directors 32 

from  district  or  township,  effect  of 16 

Repeal  of  former  acts 46 

Reports,  of  county  superintendents 5 

penalty  for  failure  to  make 5 

of  examination 5 

of  land  sales 45 

of  trustees  to  county  superintendent 14 

time  of,  penalty  for  failure 14 

separate  when 13 

of  directors — 

to  township  treasurer 16 

to  voters 16 

of  receipts  and  expenditures 16 

of  illiteracy 16 

of  uncollected  taxes - 18 

of  treasurer,  to  trustees 18 

to  directors 28 

of  school  officers,  failure  to  make 32 

Report  of  state  superintendent — 

made  to  governor 2 

when  made 2 

items  of. 2 

to  be  laid  before  general  assembly 2 

Reports,  of  towns  and  cities 34 

of  institutions  of  learning 34 

of  tines  and  forfeitures 41 

Rules  and  regulations — 

state  superintendent  to  make 2 

of  schools,  made  by  directors 20 

boards  of  education  may  make 37 


Salary  of  state  superintendent 3 

Sale  of  real  estate 7 

in  hands  of  trustees 15 

to  be  made  at  auction 15 

not  to  defeat  lien — 

of  school  houses  14 

manner  of. 14 

of  school  lands 42,  43 

when  to  be  made  in  fractional  townships  42 

Schedules,  teachers  to  keep 23 

form  of. 23 

how  made 23 

certificates  of 24 

disposal  of, 13,24 

a condition  of  payment  separate,  when  re- 
quired  13, 23 

duties  of  treasurer  as  to 13 

limited  to  six  months 24 

time  of  return  of 24 

payable  monthly 24 

unpaid  balances,  draw  interest 24 

Scholars,  limits  of  age  of 19 

schedules  to  be  kept 23 

from  two  or  more  districts 23 

ago  of  to  be  noted 23 

School  books.  See  “Text.” 

apparatus  and  furniture 33 

interest  of  school  officers  in 33 

liability  and  penalty 33 

School  directors.  See  “Directors.” 

School  elections.  See  “Elections.” 

School  funds — 

county 6,  29 

township.  See  “Township.” 29 

apportionment.  See  “Apportionment.” 

withholding  of 3 

division  of 12 

forfeiture  of  public 13 

custodian  of 14 

condition  of  payment 22 

provisions  for  loaning 6,  27 

payment  of,  orders 30 

state,  what r 31 

auditor’s  warrants  for 31 

liability  of  custodians 32 

responsibility  for  loss  of 34 

perversion  of 34 

suits  for  recovery  of,  costs 35 

fines  and  forfeitures,  paid  to 41 

School  grants,  may  be  received 15 


VI 


INDEX. 


PAGE. 

School  houses— 

title  in  board  of  trustees 15 

control" in  directors 15 

use  of,  for  meetings,  etc 15 

sale  of 14 

repairing  and  improving 17 

erection  of 19 

limit  of  tax  for 19 

vote  required  for  building 20 

School  lands — 

16th  section  constitutes 40 

management  of 40 

trespass  upon 41 

penalty,  for  trespass 41 

penalty,  how  recovered 41 

penalty,  disposal  of 41 

sale  of 42 

when  to  be  made  in  fractional  township..  42 

petitions  for  sale  of 42 

plat  of,  valuation 42 

maximum  size  of  lots 43 

division  into  lots,  legalized 43 

terms  of  selling 43 

purchaser  of  may  borrow  hid. 43 

place  of  selling 43 

advertisement  of. 43 

hours  of  sale 43 

manner  of  selling 43 

continance  of  sale 43 

not  to  be  sold  under  valuation 43-4 

may  be  sold  at  private  sale 44 

revaluation  of, 44 

certiticate  of  purchase  of. 44 

report  of  sales  of 45 

patent,  to  purchaser 45 

School  libraries  18 

School  lots.  See  “Sites.” 

School  month 24 

Schooi  officers,  legal  adviser  of 3 

exempted 32,  34 

liable  for  using  funds 33 

may  be  imprisoned 32 

lien  on  real  estate  of 32 

responsible  for  losses 32 

perversion  of  funds  by 32 

interest  of  in  books,  etc 32 

in  cities  and  towns 34, 35 

School  orders.  See  “Orders.” 

School  sites.  See  “sites.” 

School  tax,  two  mill 32 

see  “Taxes.” 

School  trustees.  See  “Trustees.” 

School  visitation 6,  20 

Schools,  supervision  of. 2 

high 14 

support  of 17 

term  of 19 

management  of 19 

rights  of  all  children  in 19 

branches  of  study  m 19, 20 

Sectarian  purposes 34 

perversion  of  funds  to 34 

Securities — 

on  bond  of  county  superintendent 4 

names  to  be  recorded 4 

on  treasurer’s  bond 5 

trustees  to  examine 15 

for  loans  27 

kind  and  amount  of „ 27 

payable  to  board 27 

additional  required 28 

suit  may  be  brought  for 28 

township,  to  be  delivered  to  successor 30 

liability  of  trustees  as  to 33 

hound  for  claims  against  principals 33 

for  payment  for  school  lands 43 

of  superintendent  not  exempted 45 

Settlement,  trustees  may  make 16 

Sites;  school  house,  title 16 

sale  of. 16 

location  of 20 

changed  by  directors  when 20 

Sixteenth  section,  school  land 40 

sectious  in  lieu  of 40 


PAGE. 


Special  acts,  not  repealed 35 

may  be  relinquished 37 

State  to  pay  interest 31 

State’s  attorneys,  duty  of 4i 

to  collect  fines  and  forfeitures 41 

to  make  report , 41 

failure  of,  to  pay 41 

State  certificates. . .' ^23 

State  funds 31 

Statement,  byytrustees — 

to  trustees,  by  township  treasurer 29 

to  directors 29 

of  delinquent  tax 19 

of  count,)  superintendent  to  county  board.  45 

to  be  preserved  and  copied 45 

State  superintendent.  See  “Superintendent 
public  instruction.” 

State  tax  ' 31 

Statistics,  county  superintendent  to  procure. . — 

directors  to  give ! . 17 

state  superintendent  to  designate 17 

of  cities  and  towns 35 

Sufficiency  of  securities  of  treasurer 35 

Suits,  in  name  of  county  superintendent — 

against  treasurer 15 

against  collector , 20 

directors  may  bring 20 

in  name  of  board  of  trustees 27 

treasurer  to  bring 28 

for  recovery  of  interest 28 

maybe  brought,  how 29 

against  county  collector 31 

against  schooi  officers 33 

payment  of  costs  in 34 

against  trespassers 41 

against  purchaser  of  school  lands 44 

Superintendent  of  public  instruction 1,  3 

time  of  election  of. 1 

term  of  office 1 

oath  of  office 1 

bond  of.  penalty  and  conditions 1 

office,  where  to  be  kept 1 

to  preserve  papers  and  documents 1 

pay  over  moneys 2 

counsel  and  advice 2 

have  supervision 2 

make  report  to  governor 2 

time  of  report 2 

items  of  report 2 

to  make  rules  and  regulations 2 

legal  adviser  of  school  officers 3 

may  cause  funds  to  be  withheld 3 

salary  of,  to  be  fixed  by  law  3 

contingent  expenses  of  office 3 

may  remit  forfeiture _ 15 

Sureties.  See  ‘ Securities.” 

Surplus  funds,  how  used 18 

Suspension,  of  pupils 20 

directors  not  liable  for 20 

Taxes,  school,  computed — 

maximum  of 18 

on  equalized  valuation 19 

collection  of. 19 

collector  to  pay  to  treasurer 19 

‘shall  be  uniform 19 

not  to  exceed  amount  certified 19 

county  clerk  to  compute 19 

failure  of  collector  to  pay 19 

for  building  purposes 20,21 

in  satisfaction  of  judgments 20 

Teachers 21,  23 

appointment  of. 20 

may  be  dismissed 20 

qualifications  required  for 21 

licensure  of 21 

to  be  examined ., 21 

liy  whom  examined 21 

conditions  of  payment  of 22 

must  have  certificate 22 

must  keep  schediile 22 

must  account  for  property 22 

to  keep  schedules  in  from 23 


INDEX. 


YII 


PAGE. 


Teachers,  to  certify  schedules 24 

to  deliver  schedule  to  directors 24 

cannot  be  paid  without 24 

to  keep  separate  schedules,  when 23 

unpaid  balances  due 25 

not  to  teach  on  holidays 25 

Term  of  office— 

of  state  superintendent 1 

county  superintendent 3 

trustees 8 

directors 16, 17 

township  treasurer 10 

boards  of  education 35 

school,  limits  of 18 

Terms  of  loaning  funds 26 

of  sale  of  school  lands 43 

Tie  vote,  judges  to  decide 9 

by  lot,  on  day  of  election 17 

Time  of  apportionment — 

by  county  superintendent 5 

by  trustees 13 

by  auditor 32 

Time,  of  election,  of  state  superintendent 1 

of  county  superintendent 3 

of  township  trustees 8,  9 

of  school  directors 16 

for  return  of  poll  hook 9 

of  trustee  meeting 10 

of  division  of  funds 12 

of  division  of  property 12 

limits  of  for  appraisal. . . 12 

of  filing  map 13 

return  of  tax  certificate 18 

for  payment  by  collector 18 

for  payment  of  warrant 32 

for  examinations  of  teachers 23 

for  return  of  schedules 24 

limit  of  in  loaning  money 27 

of  report  of  state  superintendent 2 

of  county  superintendent 5 

of  township  trustees 14 

of  directors 17 

of  treasurers  to  trustees 29 

of  cities  and  towns 34 

of  institutions  of  learning 34 

of  fines  and  forfeitures 41 

of  county  superintendent  to  county 

board 45 

Title,  in  county  superintendent 7 

to  school  houses  and  lots 15 

to  real  estate 15 

to  school  lands 45 

Town  meeting,  stated — 

election  of  trustees  at 9 

officers,  to  make  returns 10 

to  make  reports 34 

Towns  and  cities 34, 39 

special  acts  of,  not  repealed 34 

statistical  report  of 34 

failure  to  report 34 

boards  of  education 35 

Township  apportionment  to  school,  defined. . .5,  7 

business  to  be  done  by  trustees 7 

fractional,  may  unite  with  adjacent ..7,  42 

new  to  be  districted ’ll 

map  of 13 

union  of,  to  have  hffih  school 14 

regarded  as  a school  district 14 

forfeiture  by 14 

divided  by  county  lines 15 

funds  of. 26,  29,  30 

fractional,  school  section  of 40 

lands  in,  how  sold 42 

Transfer,  of  pupils 13 

permits  required 13 

Treasurer,  township — 

bond  of,  filed  with  county  superintendent.  5 

to  recept  to  county  superintendent 5 

to  receive  state  funds 5 

to  call  trustee  elections 8 

appointed  by  board 10 

must  be  a resident 10 

not  to  be  director  or  trustee 10 

t»  be  clerk  of  board 10 


PAGE. 

Treasurer,  township — 

to  hold  for  one  year 10 

apportionment  of  funds  to J3 

to  pay  on -district  orders 13 

duties  of  as  to  separate  schedules 13 

books  and  accounts  of  to  be  examined 15 

avails  of  sale  to  be  paid  to 15 

only  legal  custodian 15 

trustees  may  remove  15 

trustees  may  sue 15 

to  call  elections  in  new  districts 16 

also  when  directors  fail  to  do  so 16 

to  inspect  district  records 17 

to  file  poll  books,  etc 17 

to  return  tax  certificate 18 

to  file  map 18 

to  receipt  to  collector 19 

to  enter  taxes  in  proper  book 19 

to  proceed,  against  collector 20 

not  legal  to  pay  teacher  when 24 

to  allow  interest  on  schedules 24 

must  execute  bond 25 

form  of  bond  of 25 

conditions  of  bond  of 25 

to  keep  iKomn'iii  and  records 26 

to  loan  moneys,  terms,  etc 26 

suit  for  additional  security 28 

to  have  debts  due  township  probated 28 

to  bring  suit 27 

may  sue  for  interest  only 28 

custodian  29 

to  keep  township  fund  loaned 29 

fiscal  statement  of  to  trustees 29 

to  settle  with  directors,  when 29 

liable  for  non-performance 29 

to  turn  over  property 30 

representatives  of 30 

penalty  for  failure 30 

in  case  of  death  of 30 

to  take  and  file  receipt  31 

to  file  orders  of  directors 31 

compensation  of 32 

liabilities  of 31 

real  estate  of,  held 32 

responsible  for  losses 33 

to  hold  funds  of  boards  of  education 37 

Trees,  cutting  of  on  school  lands 37 

Trespass  on  school 37 

penalty  for 37 

Trespasser  liable  to  fine 37 

liable  to  commitment 37 

Trustees  of  schools  may  resell  real  estate 7 

to  ha  ve  corporate  powers 7 

designation  of 7 

term  of  office 7 

eligibility  of 8 

time  and  manner  of  election 8,  9 

election  of,  how  ordered  . „ 8 

election,  time  of 8 

election  may  be  postponed 8 

election,  county  superintendent  to  order, 

when 8 

election,  judges  of 8 

election,  conduct  of 9 

election  at  town  meeting,  when 9 

election  qualification  of  voters  at 9 

election  in  case  of  tie 9 

election  to  fill  vacancies 9 

election  returns,  when  and  how  made 8 

penalty  for  failure 9 

successors  to  trustees  of  school  lands 10 

meetings  of io 

board  of.  how  organized 10 

to  appoint  treasurer io 

to  district  townships,  when 11 

to  prepare  map li 

to  change  district  boundaries,  when 12 

to  divide  funds 11,  37 

to  appoint  appraisers ’ll 

to  deduct  debts  from  valuation  11 

to  distribute  value  of  property  within  30 
days li 


Yin 


INDEX. 


PAGE. 

Trustees — 

liable  for  failure  to  distribute  funds  and 

property 12 

to  apportion  school  funds,  when  and  how.  13 

to  establish  high  schools,  vhen 14 

to  provide  for  support  thereof,  how 14 

of  two  townships  may  co-operate 14 

to  cause  reports  to  be  made 14 

to  make  seperate  reports,  when 14 

to  examine  books  and  effects 15 

to  provide  for  their  security,  etc 15 

may  receive  gifts  for  school  purposes 15 

vested  with  title  of  school  property 15 

to  sell  and  convey  the  same,  when  and 

how 15 

to  cause  moneys  to  be  paid  to  treasurer. . . 15 

to  have  power  to  remove  treasurer 16 

may  purchase  real  estate 16 

may  sell  real  estate 16 

must  sell  real  estate  at  auction 16 

may  make  settlements 16 

shall  not  be  interested  in  contracts 18 

judgments  and  executions,  against 20 

to  allow  interest  on  schedules 25 

to  approve  bond  of  treasurer 25 

to  file  same  with  county  sup't 25 

when  liable 28 

to  fix  treasurer's  pay 31 

liable  for  treasurer’s  securities 32 

fine  of.  for  false  returns 32 

fine  for  neglect  of  duty 32 

liable  for  losses 33 

liable  for  perversion  of  funds 33 

liable  for  interest  in  books,  etc 33 

to  redistrict 37 


PAGE. 


Trustees — 

may  bring  suit  for  trespass 41 

to  plat  school  land 43 

to  fix  value  of  lots 43 

to  deliver  plat  to  county  sup’t 43 

may  direct  a place  of  sale  43 

may  make  second  valuation 44 

Use  of  school  houses 15 

personal  of  public  funds 31 

Validity  of  state  certificates 22 

Valuation  of  district  property 12 

of  school  lands 42 

second  may  be  made 44 

Value  of  improvements 28 

Vote  of  people  required 20 

Voters,  qualifications  of 9 

may  determine  studies 22 

Vacancies,  in  office — 

of  county  superintendent 4 

of  trustees 8,  9 

in  civil  towns 8 

of  directors 16 

of  board  of  education 40 


Warrants,  school — 

state  auditor  to  issue 35 

county  superintendent  to  receive 30 

county  collector  to  pay,  when 31 

how  returned 31 

refusal  to  pay,  penalty 31 


INDEX  TO  APPENDIX 


PAGE. 


Appointment  of  teachers  and  officers 48 

Auxiliary  Institutions 48 

Applicants  selected  by  lot 49 

Appropriation  for  University 49 

Appointment  of  treasurer 50 

‘ ‘ of  trustees 51 

Accounts  how  settled 51 

Auditor  to  issue  warrants 53 


Board  of  education . 47 

Buildings  to  be  only  of  two  stories 52 

Bonds  to  be  given  by  women 56 


Corporators 47 

Compensation  of  members 48 

Construction  of  buildings 52 

County  normal  schools 54 

County  court  may  establish 54 

Control  of  county  normal  schools 54 

County  board  of  education 54 

“ “to  make  report 55 

Colored  children  rights  of 56 


Declaration  to  be  filed 49 

“ of  objects 50 

Duties  of  treasurer 51 

Discretionary  power  of  trustees 53 


Examination  of  applicants 49 

Election  of  president 49 

Erection  of  buildings 52 

Each  county  to  send  two  pupils 52 

Expenses  a charge  on  state  treasury 53 

1 ‘ of  trustees 54 

Election  of  county  board  of  education 55 

Eligibility  of  women  to  school  offices 56 

Exclusion  of  colored  children  prohibited 56 


Funds  appropriated  for  buildings 53 

“ how  and  when  paid 53 

Fined  for  excluding 56 


PAGE. 


Fined  for  threats  or  menace 56 


General  powers 47 

Gratuitous  instruction 48 


Instructors  and  instructresses 52 

Instruction,  to  be  gratuitous 52 


Location  of  university 51 

Limits  of  location 52 

Legalization  of  normal  schools 55 

Liable  for  menace  or  intimidation 56 


Members  not  to  be  interested  in  contracts 51 

Meetings  to  be  quarterly 51 

Mode  of  construction 52 

Materials  to  be  used 52 

Manner  of  choosing  pupils 53 

Menace  or  intimidation 56 


Number  of  pupils  entitled  to  attend 53 

Not  entitled  to  compensation 55 

No  exclusion  on  account  of  color 56 


Objects  of  university 48, 50 


Power  to  locate ♦. 48 

Powers  of  corporation 50 

Powers  vested  in  trustees 51 

Proposals  for  location 51 

Power  of  removal . 52 

Prescription  of  text  books 1 52 

Powers  of  county  board  of  education 55 

Penalty  for  exclusion 56 


—6 


X 


Qualifications  of  women  as  school  officers. 


Report  to  be  made 

Rights  of  colored  children. 


State  Normal  University 

State  superintendent  to  be  secretary. 
Southern  Illinois  Normal  University. 

Superintendent  of  buildings 

School  officers — women  may  be 


Time  of  meeting 

Text  books  and  apparatus. 


12  062006603 


INDEX. 


PAGE. 
...  56 


47 

47 

50 

52 

56 


* PAGE. 

Term  of  office 49 

“ to  be  fixed  by  lot 49 

Treasurer  to  give  bonds 51 

Taxes  for  county  normal  schools.. 54 

Two  counties  may  unite 55 

Threats,  menace  or  intimidation 56 


Vacancies— how  filled 49 

Vote  on  county  normal  school 54 


Warrants  to  be  issued  by  auditor 53 

Women  as  school  officers 56 

‘ ‘ to  give  bond 56 


